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(영문) 창원지방법원 2014.06.11 2013고단1332
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-Wood vehicle.

On January 3, 2013, at around 22:00, the Defendant driven the said Aburged vehicle with a blood alcohol content of 0.068%, and led the front road of the “Sejin-gu, Jin-gu, Jin-gu, Jin-gu, Jin-gu, Jin-gu, to the Heak Village.

Since there was an intersection where the passage of a vehicle was frequent, a person engaged in driving a motor vehicle has a duty of care to reduce speed and prevent accidents in advance by properly examining the front, rear, and left and right.

Nevertheless, the Defendant neglected to do so and did not find out that the D Atop car driven by the injured party C (Nam, 44 years old) enters the intersection, and received the front part of the Atop motor vehicle with the front right part of the said Atopp motor vehicle.

As a result, the Defendant, by negligence in the above business, sustained injury to the victim C, such as fluoral salt in need of approximately two weeks of medical treatment, and injury to the victim E (Nam, 49 years of age) who was on board the said Alus car along with the said Alus car for about three weeks of medical treatment, and injury to the same F (V, 43 years of age) such as dluoral salt, tension, etc. in need of medical treatment for about two weeks of age, and suffered injury to the same G (V, 15 years of age) such as fluoral salt in need of medical treatment for about two weeks of age.

Summary of Evidence

1. Statement of the defendant in court, and statement of the defendant in the first trial record;

1. Statement to C by the police;

1. A traffic accident occurrence report;

1. A written report from an employee of an employer;

1. Application of each written diagnosis (C, E, F, G) statute;

1. 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, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes ( mutually among the violations of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Punishment;

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