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(영문) 광주지방법원 순천지원 2013.07.12 2013고정435
교통사고처리특례법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is the driver of Brenren vehicle.

On April 5, 2013, the Defendant driven the above vehicle while under the influence of alcohol 0.126% of blood alcohol concentration on April 5, 2013, and continued to proceed directly from the nC department store to the nC department store located in the middle of the Municipal Ordinance-ro, Macheon-si.

It is the place where a central line is installed.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely proceed along the vehicle line and prevent the traffic accident in advance.

Nevertheless, the defendant neglected to do so and continues to proceed with it.

The upper part of the victim C(n, 49 years old) driving, which entered the opposite lane beyond the central line, was shocked by the front part of the vehicle in front of the vehicle.

Therefore, the victim suffered injuries on both sides of the shouldered salt that requires treatment for one week.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Traffic actual condition survey report and on-site photographs;

1. A report on detection of, and investigation into, a host driver (application of the negative mark);

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

1. Relevant Article 3 (1), the proviso to Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of fines for each crime;

1. From among concurrent crimes, the punishment shall be aggravated for concurrent crimes within the scope of the sum of the maximum amount of the punishment determined for the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents, which is heavier than the punishment, and Articles 37 (1) 2 and 50 of the Criminal Act (the lowest sentence shall be applicable to the punishment determined for the crime of violation of the Road Traffic 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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