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(영문) 수원지방법원 안산지원 2018.04.04 2018고단450
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B car.

1. On November 29, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said vehicle under the influence of alcohol content of 0.092% in blood at around 01:05, while driving the said vehicle at the speed of 0.092% in alcohol level, and, at the time of Sigti City, was driving the two-lanes of the two-lanes in front of the New IC Telecommunication distance of 1332 on the west coast from the direction of the Jeju Jeju Jeju Island to the west.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle safely by reducing speed and accurately manipulating the steering direction and brake system by taking the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant was negligent in neglecting it while under the influence of alcohol as seen above, and was found to have been driven by the victim C's C's rocketing taxi, which was under the influence of signal waiting at the same lane as in the direction of the course of the course of the collision, and the front part of the said car driven by the Defendant.

As a result, the Defendant suffered injury to the victim, such as “infection and tension,” which requires approximately two weeks of medical treatment by occupational negligence as above.

2. On November 29, 2017, the Defendant was under the influence of alcohol at around 01:05, and around 0.092% of alcohol concentration in blood. On the other hand, the Defendant driven the said car at around 6km in the direction of approximately 6km from the front day of the active duty line to the New IC32, which is located on the 1332 west-gu west coast at Sinri-si, Nam-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notification and output 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 under the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 (Bodily Injury) of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) (to select each fine for negligence) of the Road Traffic Act on criminal facts;

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 (2) of the Criminal Act to attract a workhouse.

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