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(영문) 의정부지방법원 고양지원 2013.04.25 2013고정285
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On August 14, 2012, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), driving a vehicle Belart with a vehicle Belart with a blood alcohol concentration of 0.118% in high-si, U.S. Pari-gu Diplomatic Zone (hereinafter “U.S.”), thereby driving the vehicle from the side of the Paju-dong to the direction of de facto movement.

In the same direction as at the time, the victim C (n, 66 years old) followed the D K7 vehicle driven by the victim C, so the person engaged in driving service was well aware of the situation, and there was a duty of care to secure and proceed a safe distance to avoid collision when the vehicle is driven by the driver.

Nevertheless, under the influence of alcohol, the part of the above car was driven by the victim who was driven in slowly in order to turn to the left before the car of the defendant due to the negligence of driving too close to the vehicle of the defendant and received the front part of the car of the defendant.

After all, the Defendant suffered injury, such as salt dynasium, etc., from the victim E (the age of 69) and the victim F (the age of 37) who was on board the same job as the above, for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) driving a BEL car with a blood alcohol concentration of approximately 0.118% from the 2km section from the 7-km village complex to the above accident site in the Yongsan-gu, Seoyang-gu, Busan Metropolitan City at the same time and location as the above 1.1.

Summary of Evidence

1. Defendant's legal statement;

1. CWritten statement on the occurrence of a traffic accident;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Handling of Traffic Accidents by Relevant Acts concerning facts constituting an offense, 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 sound driving);

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. Selection of penalty:

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