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(영문) 전주지방법원 군산지원 2017.08.30 2017고정228
교통사고처리특례법위반(치상)등
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving service of a vehicle B with low investment risk.

On April 15, 2017, the Defendant driven the said car under the influence of alcohol content of 0.077% during blood transfusions on April 12:50, 2017, and led to the flow of the said car into the intersection of pentsan-ro from the north-ro of the Sinsan-si, Sinsan-si.

In this case, there was a duty of care to safely drive a motor vehicle, such as taking the front side and left side well and accurately operating the steering system, etc.

Nevertheless, under the influence of alcohol, the Defendant received the front part of the passenger car driving by the Defendant at the right side of the victim C(53) driver's 25 tons and the front part of the passenger car driving by the Defendant, which was under way on the right side of the Defendant's running.

Ultimately, the Defendant suffered injury to the victim, such as a scarcity, a scarke, etc., which requires approximately two weeks of treatment due to such occupational negligence.

2. On April 15, 2017, from around 10:30 to around the day specified in paragraph (1), the Defendant driven a B-hand car with alcohol content of about 50km from around 50km to around 0.077% while under the influence of alcohol, from around 50km to the place where the accident described in paragraph (1) occurred at the Gunsan-si University from the Defendant’s residence located in Yansan-gu, Seoul Special Metropolitan City to the date specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Reports on traffic accidents and reports on the occurrence of 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. Application of Acts and subordinate statutes of a medical 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, the selection of fines, respectively;

1. The aggravated Criminal Act for concurrent crimes.

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