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(영문) 수원지방법원 2016.06.03 2016고정551
교통사고처리특례법위반등
Text

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

On August 18, 2015, the Defendant driven a non-registered diversb in the section of approximately 2 km from the Hegdong-gu in Suwon-si to the area near Suwon-si B in Suwon-si, Suwon-si, under the influence of alcohol content of 0.183% of alcohol during blood transfusion around 02:40.

The Defendant neglected to perform his duty of care due to the influence of alcohol while driving a three-lane road in front of Suwon-si B in the direction of the head of Si/Gun/Gu, along three-lanes, while driving at a non-distance speed in the direction of the head of Si/Gun/Gu, and changed the line from three-lanes to two-lanes, as it is, on the left side of the two-lane driven by the Defendant, by the negligence of changing the line from two-lanes into the left side of the two-lane driven by the Defendant, while driving the two-lanes, the Defendant suffered from the victim E ( South, 32 years old) who was driving in the taxi with even a part of the right side of the D-si driven by the Defendant.

Summary of Evidence

1. A protocol concerning the examination of partially the police officers of the accused;

1. C’s statement;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Article 3 (1), the proviso to Article 3 (2), Articles 3 (8), and 268 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and the 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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