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(영문) 수원지방법원 성남지원 2017.02.16 2016고단3890

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On November 12, 2016, the Defendant driving a BS-type car under the influence of alcohol content 0.085% in alcohol while under the influence of alcohol content 0.085% in the blood, from the flusium (hereinafter “flusium”) at around 04:30 on November 12, 2016 to the roads adjacent to the tri-dong railway station located in the same tri-dong border.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a car at the time and border as set forth in paragraph (1) and driven the car at the above Spoch and driven a two-lane between the two-lanes between the two-lanes, namely, the two-lanes, in order to ensure that the road near the three-lane railroad station as set forth in paragraph (1) is located in the area of Gwangju City from

In this case, the driver of a motor vehicle has a duty of care to take the right and the right and the right and the right and the right and the right and the right of operation of the motor vehicle in an accurate manner to prevent the accident.

Nevertheless, the Defendant neglected this and driven while under the influence of alcohol content 0.085% in blood, and was parked at the right edge of the road at the place where he was found to have been parked, and received the part as the front part of the Defendant’s vehicle.

As a result, the Defendant suffered injury, such as 4 galones, in which it is impossible to know the treatment period to the victim D (Ch 19) who was accompanied by the Defendant’s occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Correspondence to a request for appraisal, a report on detection of a primary driver (blood collection result), and an investigation report (revision of a suspect's drinking volume);

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning criminal facts (any point of drinking);

1. Selection of each selective fine for punishment (the fact that a young person is 20 years of age who has no previous record and the victim does not want to be punished shall be considered);

1. Article 37 of the Aggravation of Concurrent Crimes Act.