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(영문) 서울남부지방법원 2013.10.14 2012고단4084
교통사고처리특례법위반등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around 21:20 on August 28, 2012, the Defendant driving a vehicle B in the 400-meter section of the Gangseo-gu Seoul Metropolitan City, Gangseo-gu, Seoul, for the purpose of drinking alcohol content of 0.135%. The Defendant was driving a vehicle B in the wing-gu, B from the street before the high-speed house in which it is impossible to identify the trade name within the 20-meter-dong of the Gangseo-gu Seoul, Gangseo-gu, Seoul, to the 656th street.

2. On the above date, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), while under the influence of alcohol, proceeded at a speed that is difficult to identify the airport front of the village 656, such as Gangseo-gu, Seoul, etc., and due to occupational negligence, as long as he neglected to perform his duty at the time of transitioning from the discharge of the oil station to the discharge of the oil station, and neglected to perform his duty at the time of transitioning, the lower part of the D car driven by the victim C, who was in the front signal atmosphere, was moved into the front part of the Defendant’s vehicle, and suffered a chill flus

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A written statement of the occurrence of a traffic accident C;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. A certificate of drinking alcohol measurement, a report on the circumstantial statement of a drinking driver, and a report on the detection of a drinking driver;

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

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Article 3 (1), the proviso to Article 3 (2), Article 3 (8) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of fines, respectively;

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

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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