logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.05.22 2014고정593
교통사고처리특례법위반등
Text

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

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

Reasons

Punishment of the crime

On November 6, 2013, at around 01:15, the Defendant driven a motor vehicle of 0.164% of blood alcohol level with B, while under the influence of alcohol level, and led the Defendant to proceed to the intersection of the single-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately manipulating the steering gear, brake system, etc. of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, led the victim C's NF rocketing taxi that stops in order to wait at the signal in the front bank by negligence.

Ultimately, the Defendant suffered injury to the victim C, such as salt, tensions, etc. in need of two weeks’ medical treatment due to occupational negligence, and injury to the victim E, who is a taxi passenger, such as salt, tension, etc. in the clif, requiring three weeks’ medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each traffic accident statement;

1. A traffic accident report and a report on the detection of a de facto driver;

1. Application of Acts and subordinate statutes to field photographs, photographs of accident vehicles, and written diagnosis;

1. Relevant legal provisions concerning facts constituting an offense, and Article 3 (1) and proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (a point of a sound driving);

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

1. Selection of an alternative fine for punishment;

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

arrow