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(영문) 수원지방법원 2017.06.29 2017고정1049

교통사고처리특례법위반(치상)등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in the B SP area.

On February 5, 2017, the Defendant driven the same car while under the influence of alcohol 0.139% during blood transfusions on 23:50 on February 5, 2017, and led the Defendant to the right bypass from the surface of the IIC bank in front of the IIC bank at the time of ethrification.

Since there are two center lines of yellow solid lines, the defendant engaged in driving service has a duty of care to not exceed the center line.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting it, conflicted with the part of the victim D (32 32 h, South) E-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Ultimately, the Defendant suffered injury to the victim due to the occupational negligence above, such as Dam tymal typosis, which requires treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. The circumstantial report of the driver employed at the main place;

1. Notification of the results of regulating drinking driving;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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