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(영문) 부산지방법원 2016.10.06 2016고정2724
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a ASEAN car.

1. On April 5, 2016, the Defendant was under the influence of alcohol on April 03:35, 2016 at a level of 0.10% alcohol concentration, the Defendant driven the said car at approximately 50 meters in front of 204 east-gu Busan Geumdong-gu.

2. On April 5, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases”), driving the said car on April 5, 2016, and driving the said car into 103 east from the same apartment lot on the side of the same apartment 204-dong parking lot.

In this case, the driver of the vehicle has a duty of care to take the front and right and the right and the right and the right and the right and the correct operation of steering devices and brakes to prevent accidents in advance.

Nevertheless, the Defendant neglected to perform his duties at the time of the discharge and neglected to stop the vehicle at the time of the discharge, and thereby, received the part concerning the back-setting part of the victim C(the age of 48) driving D (the age of 48) driving car at the place of the vehicle at the time of the discharge as the front-hand part of the car driving of the Defendant.

As a result, the Defendant suffered, by negligence in the above business, around three weeks from the victim E (the 43-year old-age) with salt ties, tensions, etc., which require treatment of the above victim C, and around two weeks from the victim E (the 43-year old-age-age-old).

Summary of Evidence

1. Partial statement of the defendant;

1. The actual condition of traffic accidents;

1. A report on internal investigation (referring to the receipt and occurrence process of an accident);

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of a sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes;

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