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(영문) 대전지방법원 공주지원 2017.10.13 2017고단248

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 July 15, 2017, when the Defendant driving a B-hand car with alcohol content of 0.150% in a blood alcohol level at around 00:01 and proceeds from the air-conditioning from the air-conditioning in accordance with the road in front of the East T-distance, which is located on his agency at the time of official week. As above, the Defendant suffered from the occupational negligence that, while under the influence of alcohol, he did not properly look at the front bank and the left and left, and entered the T-distance intersection above the red signal in violation of the signal at the left-hand turn at the opposite side of the air-line, in accordance with the left-hand turn turn-hand letter, the front part of the victim C (n, 37 years old) driving of the victim C(s) who turn to the right-hand turn from the front part of the said B-hand one with the front part of another vehicle in front of the two-day driver’s license and sustained the injury of the tension and the tension for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. Report on the occurrence of a traffic accident, report on a traffic accident (1) (2) and inquiry into the results of crackdown on drinking driving, report on the circumstances of the driver placed at driving and report on the control details;

1. Application of the Acts and subordinate statutes on medical certificates, accident site photographs, and accident video CDs;

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

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, is subject to a fine in consideration of the following: (a) the Defendant was a person driving alcohol; (b) has been led to his/her conviction; (c) has been led to confession and in depth; (d) the degree of injury of the victim has not

The defendant's age, sex, occupation, family environment, alcohol concentration in blood, frequency and frequency of drinking driving, circumstances of the crime, and after the crime.