(영문) 창원지방법원 통영지원 2016.03.15 2016고정50

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(영문) 창원지방법원 통영지원 2016.03.15 2016고정50

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a vehicle in B SPP.

On December 9, 2015, the Defendant driven the said car while under the influence of alcohol level of 0.077% from blood alcohol level around 23:20 on December 9, 2015, and led the Defendant to proceed to the first direction of the original police station in the direction of the original police station in the direction of the coast of the original police station, which is located in the front flag of the original flag, in front of the front fladic distance.

At the same time, the driver had a duty of care to safely operate the steering system, steering system, and operating system in a proper manner.

Nevertheless, the Defendant, while under the influence of alcohol, was able to drive a victim C(57 Syun) who was under the influence of alcohol due to negligence in the mathy drive of the mathy drive under the eth (57 Syun) under the influence of alcohol.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above.

2. On December 9, 2015, the Defendant, while under the influence of alcohol at around 0.077% among blood, driven a motor vehicle B in a section of about 2 km away from the first 2km of the original police station located in the original gate, in the front of the road in the front of the throughular gate at the time of the throughception, to the front road of the throughception at the time of the throughception, while under the influence of alcohol at around 0.07%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Notification of the results of regulating the driving of drinking alcohol and a survey report on actual condition;

1. Application of Acts and subordinate statutes to the scene of an accident, photograph of an accident vehicle, and diagnostic certificate;

1. Article 3(1) and the proviso to Article 3(2)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 criminal facts, and the selection of fines, respectively;

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

참조조문

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