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(영문) 인천지방법원 부천지원 2013.06.05 2013고정677
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents was driving Cmat Vehicles as business.

On March 1, 2013, at around 11:15, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.069%, and the Defendant was proceeding bypassing the road in front of the welfare ginseng distance of 1122-1 in Seocheon-gu, Seocheon-gu, Seocheon-gu to the village room in the front of the fire station.

A driver has a duty of care to check and proceed with the safety of course by moving back to the right side in advance of the rounding war and accurately operating the steering direction and brake system.

Nevertheless, due to the negligence bypassing from the two lanes, the victim D (50 years old, South) has conflicted in front of the ES5 taxi vehicle, which is driven by the victim D (50 years old, South).

In the above occupational negligence, the victim suffered from the injury of fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoralum to the passenger F (71 years old, fluor).

2. On March 1, 2013, at around 11:15, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.069%, the Defendant driven C Mtz at a distance of approximately three kilometers up to a distance of about 1122-1 of the 112-1 of the 11, Jung-gu, Seocheon-gu, Nowon-gu, Seoul Special Metropolitan City on the front road in the vicinity of the 1122-1, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Report on the actions taken against the driver, and report on the status of the driver's practice;

1. The actual survey report and the occurrence of traffic accidents;

1. Photographs related to accidents;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning criminal facts;

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

1. Selection of an alternative fine for punishment;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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