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(영문) 전주지방법원 2017.08.22 2017고단902
교통사고처리특례법위반(치상)등
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Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a motor vehicle B.

On April 28, 2017, the Defendant driven the said vehicle under the influence of alcohol level of 0.107% in alcohol level among blood transfusion around 00:44, and continued to turn to the left at the right edge of the Jinjin-gu Seoul Metropolitan City prior to the entry into the Jeon-gu Seoul Metropolitan City, Seoul Metropolitan City.

At the time, since it is night and a long distance intersection, there was a duty of care to reduce speed and drive safely by checking well the right and the right and the right of the driver.

Nevertheless, the defendant's negligence of driving under the influence of alcohol and led to the left-hand side of the defendant's proceeding.

D(32) The left-hand side part of the Ek Star Cornive Vehicle driven by D(32) was front of the Defendant’s driving vehicle.

Ultimately, the Defendant suffered injury to the Victim F (V, 56 years old), who is a passenger of the said Lone Star vehicle, due to the foregoing occupational negligence, for approximately three weeks of treatment.

2. The Defendant violated the Road Traffic Act (drinking) driving the said vehicle under the influence of alcohol level of 0.107% from the 2km section of approximately 2km from the front of the Mopo-gu Egnpo-gu, Sogjin-gu, Sogjin-gu to the place indicated in paragraph 1 on the day set forth in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the detection of a primary driver;

1. A survey report on actual conditions;

1. Bluice stuffing images and field photographs;

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

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts; Article 268 of the Criminal Act; Article 148-2(2)2 and Article 44(1) of the Road Traffic Act concerning criminal facts;

1. Selection of each alternative fine for punishment;

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

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