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(영문) 대전지방법원 2016.05.13 2016고단77

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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 vehicle with C low Pest another car.

On November 29, 2015, the Defendant driven the said vehicle under the influence of alcohol content of 0.096% from blood, and proceeded along the two-lanes from the side of the department store in the direction of the water bed, while driving along the two-lanes in the direction of the water bed, while driving the said vehicle under the influence of alcohol content of 0.096% from the blood, and driving the vehicle under the influence of alcohol in the direction of the Defendant’s course by negligence on duty entering the intersection without stopping even though the Defendant had a duty of care to proceed with the vehicle under the new subparagraph, and driving the victim D (W, 47 years old) who was driving through the intersection in the direction of the Defendant’s course from the right side of the road to the intersection in accordance with the new subparagraph.

E Lastynasi's right side part of the body of the vehicle of the Eststynasi suffered injury to the victim, such as 10 weeks of 10 weeks of estasi and enda, with no open address.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of a survey report on actual condition;

1. Application of each Act or subordinate statute to a medical certificate and a report on detection of a primary driver;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and actual occupation and the occupation of fines), Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of fines) concerning criminal facts;

1. Aggravation of concurrent crimes under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the aggravated punishment for concurrent crimes prescribed by the Act on Special Cases concerning the Settlement of Traffic Accidents, which has no heavier punishment (limited to the aggregate of the amounts of the above two crimes)];

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

1. Although the result of the Defendant’s crime for sentencing of Article 334(1) of the Criminal Procedure Act is harsh, considering the following factors: (a) the Defendant’s crime was committed; (b) the background leading up to the Defendant’s criminal intent; (c) the agreement; (d) the purchase of a comprehensive insurance policy; and (d)