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(영문) 제주지방법원 2015.06.19 2015고단63

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

At around 15:30 on November 3, 2014, the Defendant, while under the influence of alcohol 0.057%, driven a fab-fab-fab-fab-fab-fab-fab-fab-fab-fab-fab-fab-fab-fab-c

A person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately operating and safely driving steering steering the steering gear and brakes in a clean spirit while keeping the steering room and the right and the right of the motor vehicle well.

Nevertheless, under the influence of alcohol, the defendant is in operation by neglecting the breath-si under the influence of alcohol.

In order to avoid collisions with hulle, the victim F (year 51, South) who stops on the side beyond the center line, was driven by the driver's vehicle in front of the vehicle of the defendant, beyond the center line, due to the negligence of rapid operation of the Hand on the left side.

As a result, the Defendant suffered injury, such as a cage cage cage cages and external wounds cages, which require approximately six weeks of medical treatment by the above negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. The actual condition survey report;

1. Report on the results of the crackdown on drinking driving and on the circumstantial statements of drinking drivers;

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

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

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) and (2), and Article 50 of the Criminal Act;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: The sentencing of Article 334(1) of the Criminal Procedure Act shall be determined as ordered in consideration of all the following circumstances:

The favorable circumstances: The facts of crime are recognized and reflected, and the victim does not want punishment by mutual consent with the victim after the prosecution.