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(영문) 의정부지방법원 2013.04.11 2013고정731
교통사고처리특례법위반등
Text

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

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

Reasons

Criminal facts

1. The Defendant in violation of the Special Act on the Settlement of Traffic Accidents is a person engaging in driving a shower car.

On December 12, 2012, the Defendant driven the above vehicle while under the influence of alcohol of 0.142% of blood alcohol concentration around 14:00, and led the two-lane road in front of the two-lane 512 in the South-Namnam-si, Namyang-si, Namyang-si, to proceed as a single-lane.

When following the vehicle behind the vehicle in front in the same direction, a driver of any motor vehicle has a duty of care to keep the vehicle in front from accidents by securing a distance necessary to avoid any collision with the vehicle in front of it when the latter stops suddenly.

Nevertheless, the Defendant neglected to do so, while driving the vehicle in the victim D driving where he stops in the direction of the signal, took the front part of the Defendant’s vehicle into consideration, and due to the shock, the damaged vehicle D’s above-mentioned vehicle in the victim Flag, waiting for the signal in the future, led the victim Flag or the behind the vehicle.

As a result, the Defendant suffered, by negligence in the above business, the injury to the victim D, such as the spons and tensions in need of treatment for about two weeks, and the sponse of the chestheadheadheading that requires approximately three weeks of treatment to the victim F.

2. Around 14:00 on December 12, 2012, the Defendant driven a Cmasaw car while under the influence of alcohol content of about 0.142% in a section of about 700 meters from the front of the Hanyang Hospital located in the Nam-gu Eup, Namyang-si, the Namyang-si, the Namyang-si, the Yangyang-si, the Namyang-si, the Namyang-do 512-ri, the Defendant driven a Cmasaw car in the influence of alcohol content of about 700.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and D;

1. An investigation report on the actual condition of traffic accidents and a report on the occurrence of traffic accidents;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment for Facts constituting an offense;

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