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(영문) 의정부지방법원 고양지원 2013.06.21 2013고정603
교통사고처리특례법위반등
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Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives B cargo vehicle as his duties.

At around 21:20 on October 29, 2012, the Defendant driven B freight on the road in front of the Seo Yagle, which is located in the Yari-ri, Sari-ri, Sari-ri-ri, Sari-ri, Sari-ri, with the blood alcohol concentration of 0.208% (blood collection result) as the humsan-ri level from the gold village.

The accident place is equipped with signal apparatus, and if the vehicle driven on the front side stops, the vehicle has been driven in full without being negligent in the duty of care to reduce the speed of the vehicle and to drive it in a safe way.

In the end, the Defendant discovered that the amount of DNA car driven by the victim C stops in order to signal the atmosphere, followed the bracking, but did not stop, and concealed the back part of the damaged vehicle with the front part of the Defendant’s vehicle, thereby causing two-way injury to the victim C and the same passenger E, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. A performance-based driver report and requests for appraisal;

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Handling of Traffic Accidents by Relevant Acts concerning facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (a point of sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes ( mutually among the violations of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Selection of each 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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