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(영문) 서울중앙지방법원 2017.02.08 2016고단9295

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

1. Around 00:40 on November 18, 2016, the Defendant driven a motor vehicle with B low alcohol content of 0.106% under the influence of alcohol while under the influence of alcohol at 0.106% from a trade influence store in Samsung-dong, Gangnam-gu, Seoul to a 703 Cheongdorogate under the same Dong, Dong-dong.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was committed by Defendant 1, as set forth in the preceding paragraph of the above day-to-day, driving a passenger car with B low alcohol level of 0.106% in blood while under the influence of alcohol at the time of the above day-to-day 0.106%, and driving a Cheongdoro 13 in front of the Cheongdoro 703, Dong-dong, Gangnam-gu, Gangnam-gu, Seoul, on the ground that he was under the jurisdiction of the company, while he was under the jurisdiction of the company, while he was under the jurisdiction of the company, who was negligent in performing his duty at the front time of the vehicle under the influence of alcohol, and caused the victim to suffer injury, such as halinal cinum, which requires the victim to take approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A written statement of the occurrence of a traffic accident C;

1. A report on detection of drivers of alcoholic beverages and the indication of the numerical value of alcohol measurement;

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

1. Relevant legal provisions concerning criminal facts, Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of drinking alcohol), Article 3(1) and the proviso of Article 3(2) and Articles 3(2)8 and 268 of the Act on Special Cases concerning the Settlement of Traffic Accidents (the point of business and negligence), the choice of a fine (the point of reflection on the fact of a fine for drinking alcohol driving, one time before and after the lapse of pleadings, there are no other criminal records, the fact that the victim has agreed smoothly with the victim after the completion of pleadings, the fact that the victim has not been injured, and other consideration are given to the defendant's age, sex, environment, etc.);

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;