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(영문) 청주지방법원 충주지원 2017.06.30 2017고단372

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On 04. 19:30 on 19:0 on 05. 04. 19:20 on 19:125% alcohol level, the Defendant, while driving a car in the B Spo area under the influence of alcohol level, turned to the left at the speed of about 10 km at the speed of about 50 km from the agricultural road facing the 546-day south Chak-gu, Geum-gu, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Samsung-gun to the speed of about 10 km at the speed.

At the same time, the driver of a motor vehicle was engaged in driving the motor vehicle with the side of the farm road as well as the fluence and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this duty of care and proceeding to the left turn, has shocked the full part of the victim D(W, 50 years old)'s E car driving, which was sent to the king-Eup-Myeon, with the Defendant's left turn, into the front part of the Defendant's vehicle.

In the end, the Defendant driven a vehicle while under influence of alcohol, and caused the victim to suffer injury, such as salt, tension, etc. in the chill that requires approximately two weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report on the occurrence of a traffic accident;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the observation of the driver in charge;

1. A survey report on actual conditions;

1. The register of teas and driver's licenses;

1. On-site photographs;

1. Application of Acts and subordinate statutes (D);

1. Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents Concerning Criminal Facts, Article 268 of the Criminal Act, Article 148-2(1)2 and Article 44(1) of the Road Traffic Act (the crime of this case is committed in a state of full-time driving by the Defendant) and the choice of each fine (the crime of this case causes a traffic accident while driving in a state of full-time driving by the Defendant. As such, the blood alcohol concentration is higher than 0.125% and the risk of an actual traffic accident should be punished strictly.

(b).