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(영문) 서울서부지방법원 2014.06.12 2014고정753
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving service of BBR125 Oba.

On May 20, 2013, the Defendant was under the influence of alcohol of 0.140% with blood alcohol concentration around 06:30%. On May 20, 2013, the Defendant driven the above Oralab, and driven the front road of the exit 270 Ava-dong, Mapo-gu, Seoul, with two lanes in the direction of active service in the direction of the region in the direction of the region in the direction of the region in which he is active service.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes of the motor vehicle and to prevent accidents.

Nevertheless, the Defendant neglected to do so and neglected to do so and neglected to do so, and thereby, the victim C(the age of 49) who was driven by the victim C(the age of 49) who was stopped under the new bank crossing in the Madung-si, and received the back part of the car as the front part of the Madba.

Ultimately, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately two weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Photographs of an accident vehicle;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection of fines;

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;

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