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(영문) 수원지방법원 안산지원 2015.12.24 2015고정1714
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving of B-Epurged

On September 5, 2015, the Defendant driven the above vehicle while under the influence of alcohol of 0.083% with blood alcohol concentration of 0.083% on September 21:12, 2015, and driven the front of the line elementary school in front of the day, which is located in the front line of the Dong-gu in Ansan-si, Ansan-si, the Defendant driven one lane between the two-lanes of the two-lanes in the general market.

In this case, a driver has a duty of care to prevent accidents due to his or her well-being and accurately manipulating the steering gear and brakes.

Nevertheless, the Defendant neglected to stop and temporarily stopped the back portion of the victim C(53 years old) driving, which was left behind the left side of the victim C(53 years old), was shocked into the front part of the vehicle driving by the Defendant.

As a result, the defendant suffered injury to the above victim due to negligence in the course of business, such as crypitis that requires treatment for about two weeks.

2. Around September 21, 2015, the Defendant violated the Road Traffic Act (driving) on September 21, 2015, the Defendant driven a B-to-purd vehicle with a blood alcohol content of about 0.083% under the influence of alcohol at a section of about 1km from the front of the house shooting distance located in the original valley-dong, Ansan-si, Ansan-si to the front day of the day located in the same line of the same Gu from the front day of the day.

Summary of Evidence

1. Defendant's legal statement;

1. A medical certificate;

1. A traffic accident report (1) (2);

1. A traffic accident occurrence report;

1. Making a report on the control of drinking driving;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes on traffic accident;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2 (2) 3 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 order of provisional payment;

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