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(영문) 서울북부지방법원 2017.07.13 2017고단1810
교통사고처리특례법위반(치상)등
Text

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. The Defendant is engaged in driving a rocketing car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On February 13, 2017, the Defendant driven the said rocketing car with a alcohol level of 0.168% during blood transfusion around 23:20 on February 13, 2017, and, at the same time, 12 inside circulation roads in Dongdaemun-gu, Dongdaemun-gu, 9-ro, with a monthly luxing off from the luxing off of the luxulation, proceeded at an insular speed.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately operating steering devices and brakes and thoroughly operating the steering system and driving system and thoroughly operating the system.

Nevertheless, the defendant is negligent in driving a motor vehicle under the influence of alcohol as above and proceeded ahead of it.

C Driving received the back part of the driver's hurbed vehicle quantity (D) from the front part of the Defendant's vehicle.

As a result, the Defendant suffered from the injury of fluoral salt, etc., which requires two weeks of care in advance, to the victim E (39) who was on board the top of the damaged vehicle.

2. On February 13, 2017, the Defendant violated the Road Traffic Act (drinking) driven a 16 km motor vehicle under the influence of alcohol at a level of 0.168% of the algo concentration among the blood transfusions around 23:20 on February 13, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as a fact-finding survey, a written statement of the occurrence of each traffic accident (C and E), a report on the detection of a driver at home, a statement on the circumstances of the driver at home, and a medical

1. Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation of occupational and de facto) and Articles 148-2(2)2 and 44(1) of the Road Traffic Act concerning criminal facts, the selection of fines;

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 Criminal Procedure Act of the Provisional Payment Order.

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