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(영문) 창원지방법원 마산지원 2013.07.02 2013고정302
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. Around February 21, 2013, the Defendant driven a Croma vehicle under the influence of alcohol by 0.119% in a section of approximately 2km from the 2km to the roads of the New Simpo-dong, Changwon-si, Mapo-si, Mapo-si, the New Simpo-si, the Simpo-si.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in the driving of a Schlage car.

On February 2, 2013, at around 21:20, the Defendant: (a) driven the said car while under the influence of alcohol, and neglected to overtake the said car at the front of the instant restaurant, while driving the said car to the front of the instant restaurant from the direction of the Mapo-gu Police Station in Busan-gu; (b) by negligence, the Defendant attempted to overtake the vehicle at the front of the victim D (29 years old) driving at the front of the instant car, which was left left at the front of the instant road.

As a result, the Defendant caused an accident by occupational negligence, and the Defendant suffered injury to the victim F (the age of 28) who was on board the said D and the said high-priced car, respectively, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Statement on the occurrence of traffic accident;

1. Application of Acts and subordinate statutes to medical certificates (section 2);

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, the Selection of Punishment for Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and the Selection of Fine for Negligence;

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

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;

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

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