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(영문) 서울북부지방법원 2013.07.29 2013고정1766
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of 3.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who drives a car in Category B, which is owned by the defendant.

1. On April 18, 2013, the Defendant driven the above vehicle on April 18, 2013, and driven the two-lane of the two-lane between the front Myeon and 120-3 of the Seoul Jung-gu, Junggu, Seoul, the front Myeon and the front Myeon and the front Myeon in the private house basin.

However, the Defendant was under the influence of blood alcohol concentration of 0.114% at the time, so it was difficult to drive normally.

Nevertheless, the Defendant, while under the influence of alcohol, found only a change in signal signals on the front bank, and was negligent by a sudden departure from the front line of the same lane, and concealed an E-type taxi driven by the victim D (year 52) who was under temporary suspension in order to wait for signal at the same lane, and caused the victim to suffer bodily injury, such as catitis, which requires approximately two weeks of treatment.

2. The Defendant, while under the influence of alcohol content of 0.14% in a temporary border, driven the said vehicle from around 126 to around 120-3 meters in a section of approximately 20 to 30 meters in the mid-gu Seoul, Jung-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A fact-finding survey report and a report on detection of a host driver;

1. A written statement on the occurrence of a D traffic accident;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing vehicle photographs related to accidents;

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;

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

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