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(영문) 춘천지방법원 영월지원 2017.04.21 2017고단59
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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 a Bbeer or a car.

On November 16, 2016, the Defendant driven a around 11 km from the Gangseo-gun apartment in charge of the accounting of the plane crossing of the Gangwon-gun rental house, which was under the influence of alcohol 0.103% during blood, at around 18:05, to the point of 202.6km in Young-dong Incheon Incheon, the Dong-dong Highway, which was located in the same Myeonncheon-do, in front of the Gangwon-do rental apartment in front of the said car.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was driving the said motor vehicle at the same time and place as paragraph 1, and was driving the said motor vehicle at a speed not verified from the direction of Gangseo to its original state, the roads at a point of 202.6 km away from the Myeong-dong Highway Incheon-do Office, Young-gu, Incheon-gun Office Rental Park.

There are two laness, and at the time, the victim C(38) is followed by the DPoter Ⅱ that is driven by the victim C(38). Therefore, the above damaged vehicle has a duty of care to maintain a safe distance that can be avoided when it stops.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving in the vicinity of the Defendant’s driving vehicle due to the negligence of driving the vehicle in the vicinity, and was on the front side of the Defendant’s driving vehicle, and was on the front side of the damaged vehicle.

Ultimately, the Defendant suffered injury to the victim, such as catum salt, which requires approximately two weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written statement on the occurrence of traffic accidents;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Accident photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso to Article 3(2)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, Article 148-2(2)2 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act, and the selection of fines;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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