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(영문) 의정부지방법원 2018.04.11 2017고단4954

교통사고처리특례법위반(치상)등

Text

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

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

Reasons

Punishment of the crime

The defendant is the driver of his own franchise B vehicle.

1. On August 3, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) driven the said vehicle while under the influence of alcohol content of 0.062% among blood transfusion, and turn the first-lane road of the front C in the southyang-si, Namyang-si, the first-lane to turn the first-lane to the right at an irregular speed in the direction of adjustment from distribution to the Sochchch

In such cases, the driver of a motor vehicle shall accurately operate the steering system, brakes and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and has the duty of care to make sure that the traffic situation is well reported and safely and prevent accidents in advance.

Nevertheless, the defendant neglected this and neglected to do so, and the victim D (49) driving on the right-hand side of the vehicle driving in the direction-hand side of the victim's moving into the front part of the vehicle being driven by the victim D (49).

As a result, the Defendant suffered injury to the victim by negligence in the course of business, such as salt, tension, etc. in the cryp of cryp that requires approximately two weeks of treatment.

2. On August 3, 2017, the Defendant driving a vehicle under the influence of alcohol content 0.062% in blood at a distance of about 300 meters from 00:50 on August 3, 2017 to 0.062% on the road in southyang-si, Namyang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of regulating drinking alcohol driving;

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

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

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 38(2), and Article 50 of the Criminal Act for the aggravation of concurrent crimes.