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(영문) 의정부지방법원 고양지원 2015.09.18 2015고정807
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Bone Star Co., Ltd.

On February 27, 2015, the Defendant driven the above marbing vehicle with a blood alcohol concentration of 0.13% around 19:10, while under the influence of alcohol, and driven the front road of the department stores in order to keep it over three lanes from the direction of the Busan Police Station.

In such cases, a person engaged in driving service has a duty of care to care in advance by safely operating the steering gear and steering the steering gear in a correct manner.

Nevertheless, the Defendant neglected to do so while driving so while driving in front of the direction of marina by negligence, and received the back panion of D-si operated by the victim C who was in the signal atmosphere from the Defendant’s passenger vehicle in front of the direction of marina course, and caused the Defendant to have the E-M5 vehicle in front of it while pushing the taxi in front of it.

After all, the Defendant suffered injury to the above victim due to the above negligence in detail, which requires approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a report on detection of a drinking driver, and a circumstantial report on a drinking driver;

1. A medical certificate;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection of fines;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (limited to the aggravated punishment within the scope of the sum of the maximum amounts of each offense of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, which is heavier than the punishment, and such minimum punishment shall be applicable thereto);

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

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