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(영문) 수원지방법원 성남지원 2016.03.31 2015고단3103

교통사고처리특례법위반등

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

On October 17, 2015, the Defendant driven a cubic car with a alcohol content of 0.100% in blood around 03:55, while under the influence of alcohol, and continued the road front of the 46 South Korean mountain circulation road 46,00,00,00,000 in terms of the revision of the Sinnam-si, Sungnam-si.

Since the place is where the center line of yellow solid lines is installed, in such a case, the driver has a duty of care to operate safely without breaking the center line through thorough operation of the driving service provider.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the opposite lane along the center line by neglecting it, and caused injury to the victim C and the victim E (V, 44 years old) of the victim C (the 41-year-old driver) driving ahead of the right edge of the vehicle in front of the Defendant driving vehicle due to the shock of the driver's vehicle in front of the driving vehicle in front of the Defendant, resulting in the victim C and the damaged vehicle E (the 44-year-old driver) having been in need of approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. Reports on traffic accidents and reports on the occurrence of traffic accidents;

1. A report on the circumstances of a driver driving a drinking and notification of the results of regulating drinking driving;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to photographs (vehicles, on-site, and black stuff photographs);

1. Article 3 (1), the proviso to Article 3 (2) 2, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (a point of driving under influence of alcohol);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a selective fine for punishment (including the fact that his/her mistake is divided, a person has been convicted of driving alcohol, a considerable period of time has elapsed, the degree of injury to victims has not been excessive, and an agreement has been reached with C, the counterpart driver of the case);

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. The order of provisional payment;