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(영문) 의정부지방법원 고양지원 2013.05.10 2013고정202
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. On September 1, 2012, around 01:10 on September 1, 2012, the Defendant driving a B QM5 car at the construction site of the Gaggn Capital, in a state of blood alcohol concentration of 0.120%, and proceeded from the direction of the Sinho Park to the shopping district of the Sinho Park.

At the time, there is an intersection where signal, etc. is installed at night and at the front, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the signals by reducing speed and checking well the right and the right and the right of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, entered the intersection and left-hand turn by the negligence of having left-hand turn while entering the intersection, was driven by the victim C(67 years of age) who was on the right-hand side of the DNA taxi that was driven by the victim C(67 years of age) under the new code.

Ultimately, the Defendant suffered injury to the victim, such as brain salvina, which requires approximately three weeks of medical treatment, due to such occupational negligence.

2. The Defendant driven B QM5 car under the influence of alcohol concentration of about 0.120% on the part of approximately 300 meters away from the flood village located in the Dong Dong-dong at the time of a temporary border, such as the above '1' to the place of the accident.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A written statement prepared in C;

1. The actual survey report and the occurrence of traffic accidents;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of Article 3 (1), the proviso of Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of fines for each crime;

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. The Criminal Procedure Act;

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