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(영문) 인천지방법원 2013.04.10 2013고단714
교통사고처리특례법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle B.

On November 3, 2012, at around 01:20, the Defendant was driving a motor vehicle in front of the causes of Yeonsu-gu Incheon Metropolitan City on a blood alcohol concentration of 0.042%, while driving the motor vehicle, the Defendant was subject to the control of drinking operation from the police officer, and the Defendant was going to the site by changing the direction of the motor vehicle, while driving the motor vehicle, at around 01:25 on the same day, the Defendant was driving at the speed of the uppermost distance of the training-gu Incheon Metropolitan City on the rooftop-dong Station along the direction of the motor vehicle.

Since there is a place where traffic is controlled by the traffic signal apparatus, the defendant has a duty of care to drive safely according to his name.

Nevertheless, the defendant's negligence that the signal, etc. at the front intersection of the accident point does not stop the red stop signal, and led to the failure of the victim C(39 years of age) to turn to the left according to the moving signal from the front school located on the masta-Anon port side of the accident point to the rooftop distance, which is operated by the victim C(39 years of age).

As a result, the Defendant suffered injury to the victim C by occupational negligence during two weeks prior to the death of spawn spawn, etc., and the victim E (the age of 36) who was accompanied by the said victim, respectively, for two weeks prior to the death of the victim E (the age of 36).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a selective fine for punishment (such as agreement with victims and absence of any record of the punishment subject to suspended sentence or heavier punishment);

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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