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(영문) 대구지방법원 안동지원 2018.06.01 2017고정247
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of two 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 a Bchip car.

On November 11, 2017, while the Defendant driven the said vehicle at a alcohol level of 0.085% from blood alcohol level on the 03:16th day of the blood, while driving the said vehicle to the north-west intersection of the Yong-gu Bridge located in the Yadong-dong, Andong-dong, and driving the said vehicle on the north-west intersection of the Young-gu Bridge, which is located in the Yadong-dong-dong-dong, on the “road intersection”, the Defendant: (a) was a victim (46 years old) who, under the influence of alcohol, went to the left-hand side from the right-hand side of the running direction due to

DF Launace part of the left side of the vehicle driving by the defendant was shocked into the front part of the vehicle driving by the defendant.

Ultimately, the Defendant caused the victim to suffer injury, such as brain-dead, which requires approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a traffic accident occurrence report, a report on the detection of a driver of a primary driving, a report on the circumstances of the driver of a primary driving, an inquiry into the results of crackdown on drinking driving, a survey report on actual condition, and an investigation report

1. Relevant legal provisions concerning criminal facts, Article 3(1)1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2(2)3 and 44(1) of the Road Traffic Act, and selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order causes a traffic accident due to drinking driving and violating signal, and the degree of the occurrence of the accident is not somewhat weak.

However, the defendant, as the first offender, has committed a second offense against his mistake, and has not committed a second offense.

The instant vehicle is covered by a comprehensive automobile insurance, and the victim does not want the punishment of the defendant.

In addition, the defendant's age, sex, environment, and environment.

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