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(영문) 수원지방법원 2013.03.28 2012고정3599
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

B1 ton of cargo vehicles is a person engaged in driving.

On September 16, 2012, the Defendant was under the influence of alcohol of 0.152% of blood alcohol concentration around 19:40 on September 16, 2012, while driving the said cargo, and driving the said cargo, and driving the said cargo into two sides, one way near the dynamic ginseng distance, which is located in the shore at the location of the wife population, at the port of the port of the port.

In this case, the defendant engaged in driving service has a duty of care to prevent accidents by accurately driving the front door.

Nevertheless, the Defendant was negligent in the course of performing duties while neglecting the front city, and caused the injury to the victim C and the victim G (28 years old), who is a passenger of the said K5 vehicle, in front of the Defendant’s vehicle, to use the back part of the DK5 vehicle of the victim C (28 years old) who temporarily stops for the signal waiting before the front of the signal. The above K5 vehicle was pushed down in front of the Defendant’s vehicle, and the left part of the E driver’s vehicle sent to the front of the said K5 vehicle and got the victim G (28 years old) to take the front right side of the said K5 vehicle, and caused the victim G (28 years old), who is the victim and the passenger of the said K5 vehicle, to suffer from the injury, such as fluoral fluor and fluoral heritage, etc., for which the treatment period cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement of accident;

1. A traffic accident report, on-site photograph of the occurrence of the traffic accident, report on the inspection of the occurrence of the case, the circumstantial report on the driver and report on detection;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes ( mutually among the violations of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the maximum amount thereof under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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