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(영문) 수원지방법원 2015.09.24 2015고정1471
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 of a C-wing cargo vehicle.

On April 3, 2015, at around 19:10, the Defendant driven the above cargo while under the influence of alcohol of 0.371%, and led to the intersection of the private distance in front of the E-cafeteria located in G, G, Young-gu, G, Young-si, to proceed along one lane from the side of the public parking lot to the new distance.

Since there is no signal signal, the driver has a duty of care to prevent accidents in advance after passing through the intersection if there is a motor vehicle first entering the intersection.

Nevertheless, under the influence of alcohol, the Defendant, while entering the same as it is without being negligent, entered the victim F (the age of 49) who first entered the above intersection from the right-hand side to the left-hand side, received the part of the victim F (the age of 49) driver's seat in the GM5 car from the above cargo vehicle.

As a result, the Defendant suffered injury to the victim, such as fluoral salt and tension, for about two weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. F’s statement on the occurrence of traffic accidents;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. A written diagnosis and a written estimate for improvement;

1. Application of Acts and subordinate statutes on accident vehicles and on-site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (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) 1 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's reasons for sentencing of Article 334(1) of the Criminal Procedure Act are disadvantageous to him.

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