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(영문) 춘천지방법원 속초지원 2013.12.18 2013고정233
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

The defendant is engaged in driving a K5-car.

1. On October 10, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), driving the above vehicle, leading the studio in front of the studio of the pakakwon in the Choyang-dong at the early early stage, and leading the vehicle at the parking lot.

In such a case, since a person engaged in driving of a motor vehicle was a narrow road located at the time, there was a duty of care to properly see the left and right and safely drive the motor vehicle.

Nevertheless, the Defendant neglected to do so and followed the part of the victim C (ma, 29 years old) that was left behind the back of the Defendant due to the negligence of the Defendant.

Therefore, under the influence of alcohol level 0.155%, the Defendant suffered injury, such as salt, tension, etc., in need of treatment for about two weeks by negligence in the course of performing the above duties.

2. Around 02:00 on October 10, 2013, the Defendant driven the said vehicle under the influence of alcohol content of 0.15% at a section of about 1km from the front side of the jun-dong Man-dong Man-dong Mandong to the front room of the Man-dong Man-dong Man-dong Man-dong Mandong Man-dong Man-dong Man-dong Man-dong

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D or C by the police;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a traffic accident site photograph, and photographs related to a traffic accident involving pakia;

1. A report on detection of a host driver;

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

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

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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