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Reasons
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(영문) 의정부지방법원 2014.02.17 2013고정163
교통사고처리특례법위반등
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Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a driver of a golf 2.0 car. A.

On November 2, 2012, at around 00:48, the Defendant had been straighted from the 503 old Dunyang Police Station in front of the old Dunyang-dong 503 old Manyang-dong, to the area of the Namyang-si Police Station.

On the other hand, the accident site had a duty of care to drive safely by checking the entire course and the left and right of the vehicle.

Nevertheless, the Defendant neglected this and led the victim E(the age of 49) to drive a breath 3 freight vehicle in the same breath in the front bank of the same breath by negligence while driving while under the influence of alcohol.

As a result, the above E suffered bodily injury, such as catitis, which requires approximately two weeks of medical treatment.

B. The Defendant driven approximately 3 kilometers from G apartment in the Namyang-si in the same temporary border as the above paragraph (a) to the front of the same 503-dong-dong-dong-dong-dong 0.05% of blood alcohol concentration.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. The actual condition survey report;

1. A report on the status of each drinking driver, and a written report on the status of each drinking driver;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident sites and vehicle photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, and 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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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