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(영문) 광주지방법원 2018.05.03 2018고단840

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On January 25, 2018, while under the influence of alcohol level of 0.114% among blood alcohol level, the Defendant driven a 20:00 alcohol level of 0.14% and led the Defendant to proceed to a trade center in front of the D road located in Gwangju Mine Area C from the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the 26th of the 2018. However, the Defendant neglected the duty of care to safely drive the breath of the 20th of the 20th of the 20th of the 20th of the 20th of the 20th of the 20th of the 20th of the 20th of the 20th of the 20th of the 20th of the 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. All on-site photographs;

1. Statement of the circumstances of the driver involved in driving;

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

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act (the point of drinking), Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Selection of each alternative fine for punishment;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the maximum amount of punishment for each of the above crimes: Provided, That the minimum amount of the punishment specified for any violation of traffic Acts shall be set at the lower limit) of the aggravated concurrent crimes;

1. The grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act with the detention of the workhouses include: (a) recognizing the Defendant’s mistake; (b) having no record of criminal punishment against the Defendant; (c) the degree of damage caused by the instant accident; and (d) the degree of alcohol concentration in blood.