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(영문) 수원지방법원 성남지원 2013.03.07 2013고단105
교통사고처리특례법위반등
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Defendant shall be punished by a fine of KRW 5,000,000.

If a fine is not paid, 50,000 won shall be converted into one day.

Reasons

Punishment of the crime

1. On September 5, 2012, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) drive B rocketing car under the influence of alcohol concentration of 0.065% in blood, and (b) proceeds from the roads of one lane in front of the SK oil station in the Jinju-si in the Gyeonggi-si.

At the time, it was night and rained, and there was a center line of yellow-ray, so the person engaged in driving service has a duty of care to thoroughly proceed with all-round hours.

Nevertheless, the Defendant neglected to do so and did so at the point of the accident, thereby breaking the center line at the point of the accident, and collisioned with the front section of the Defendant’s driving of the rocketing taxi at the 51-year-old driver’s license of the victim C (Nam, 51).

As a result, the Defendant suffered, by negligence in the above business, a fluoral salt farm in need of approximately three weeks of treatment to the victim C, a fluoral salt farm in need of approximately two weeks of treatment to the victim E (V, 55 years of age), and a fluoral salt farm in need of treatment to the same victim F (V, 51 years of age) for about 3-4 days of treatment.

2. A violation of the Road Traffic Act (driving) was driven by the Defendant at a distance of approximately 300 meters from 0.065 meters to the road front of the SK station located in the same Ri, where the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.065%, as described in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. A report on detection of, and investigation into, a host driver;

1. Application of Acts and subordinate statutes to each medical certificate and copy of an examination and treatment set;

1. Article 3 (1), the proviso to Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning criminal facts;

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

1. Optional penalty:

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