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(영문) 부산지방법원 동부지원 2015.02.05 2014고정1522
교통사고처리특례법위반등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around 05:25 on July 4, 2014, the Defendant: (a) driven a DK3 vehicle from the 0.135% alcohol concentration at the 0.135% under the influence of alcohol on July 4, 2014 to the Cmatete in Busan, Suwon-gu B.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving DK3 cars.

On July 4, 2014, at around 05:25, the Defendant driven the said car while under the influence of alcohol as set forth in Paragraph 1, and led to a four-lane road in front of the Cmaart located in the Busan Suwon-gu, Busan, to proceed at a non-speed speed depending on the side of the luminous bank from the luminous bank to the luminous bank.

At that time, since the FF truck driven by the victim E (the 50-year-old) stops in the signal atmosphere, there was a duty of care to prevent accidents in advance by accurately manipulating the steering gear and accurately manipulating the steering gear.

Nevertheless, the Defendant, while under the influence of alcohol, failed to accurately operate the steering gear and operating the steering gear while being negligent, received the part behind the above cargo vehicle driven by the victim as the front part of the said vehicle.

As a result, the Defendant suffered injury to the victim by occupational negligence, such as salt and tensions that require approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents (1) (2);

1. A report on detection of a host driver;

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

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Act for the detention of a workhouse;

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