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(영문) 제주지방법원 2017.03.31 2016고단2834
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a vehicle with C low Pest Pest.

On August 22, 2016, the Defendant driven the above vehicle while under the influence of alcohol content of 0.076% in blood around 05:14, and continued to drive the vehicle along the two lanes from the direction of transfer to the Suwon-IC along the four-lane distance in Suwon-si.

Since there is a cross-section where signal lights are installed, there was a duty of care to safely operate the vehicle driver in accordance with the front line.

Nevertheless, the Defendant neglected to do so and received the front part of the victim D(47 S) driving in the right keeping from the left side of the running direction of the Defendant, which was going to the right keeping, as well as the front part of the right keeping side of the victim D(47 S).

As a result, the Defendant’s negligence in the above occupational negligence caused the injury of the victim D, such as the escape from a warning sign, which requires approximately 12 weeks of medical treatment, and the victim F (25 years) who is a low-speed passenger, was written in the indictment. However, according to evidence, the victim F is the passenger of the damaged vehicle (Evidence No. 17, 24, 58 page of the evidence record). The Defendant suffered the injury, such as the pulverization of the left-hand executive in need of medical treatment for about 10 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by D related to traffic accidents;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso to Article 3 (2) 1, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3, 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 each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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