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(영문) 광주지방법원 목포지원 2013.07.04 2013고정207
교통사고처리특례법위반등
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who drives a Category B car.

On December 15, 2012, the Defendant driven the said car on or around 22:25, and was under the influence of alcohol level 0.109% of the blood alcohol level, while driving the said car at a four-lane road in front of the C/C hospital located in the Yongsan-gun, Young-gun, Samnam-gun, Samnam-gun, Samnam-gun. In so doing, the Defendant neglected the duty of Jeonju-si, thereby neglecting the duty of Jeonju-si, and led the part behind the D/C driving of the victim C in the signal atmosphere to the front part of the Defendant’s car.

As a result, the Defendant suffered injury to the victim C (Y, 49 years of age) such as salt, tensions, etc. in the cream, tensions, etc., the injury to the injured passenger E (V, 22 years of age) who is the passenger of the victimized passenger, such as salt, tensions, etc., which requires approximately two-day medical treatment, and the injury to the same F (V, 22 years of age), including salt, tensions, and tensions, which require two-day medical treatment.

Summary of Evidence

Application of Acts and subordinate statutes of the defendant's legal statement, police statement of C, fact-finding report, accident photograph, each diagnosis report, and the detection report of the host driver;

1. Relevant statutory driving for a crime: Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents: Article 3 (1), proviso to (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

2. Articles 40 and 50 (Mutual Crimes against Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents)

3. Selection of each alternative fine for punishment;

4. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [to the extent that the punishment to be imposed on the violation of the Road Traffic Act is based upon such punishment and the total amount of both crimes is added];

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

6. The sentencing period of Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”) provides materials against the Defendant’s erroneous reasoning and provided the victims with an opportunity to be subject to direct investigation, but did not comply with such order.

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