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Reasons
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(영문) 의정부지방법원 2015.05.14 2015고정528
교통사고처리특례법위반등
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1. The defendant shall be punished by a fine of 2.5 million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

1. Around 05:30 on September 8, 2014, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents: (a) the Defendant was negligent in performing the duty to accurately operate steering gear and brakes, etc. under the influence of alcohol while driving a motor vehicle at the speed of two lanes in front of the six-year long-distance intersection in Macheon-si; (b) the Defendant was negligent in performing the duty to accurately operate the steering gear and brakes in the direction of the new Eup/Myeon; and (c) caused the injured party C (41 years of age) driving the motor vehicle and caused the injured party C to suffer injuries, such as the front tension and tension of the part of the motor vehicle in front of the Defendant’s vehicle, which requires treatment for about two weeks; (d) the injured party E (10 years of age; and (e) the injured party, the injured party, the injured party of the 2-day passenger vehicle, the injured party of the 2-day passenger vehicle, and the injured party of the 2-day passenger vehicle.

2. Around 05:30 on September 8, 2014, the Defendant was under the influence of alcohol with a blood alcohol content of 0.081%, and the Defendant was driving a vehicle with a 8km-hurd-hurd-hurd-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Articles 3 (1), 3 (2) (proviso) and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act concerning criminal facts, the selection of fines for negligence;

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. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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