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(영문) 광주지방법원 순천지원 2017.02.01 2016고단2118
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B cargo vehicles.

On October 11, 2016, the Defendant driven the above cargo while under the influence of alcohol 0.105% during blood transfusions, and led to the right bypass at the private distance intersection in front of the point among the Saemaul Fung-dong Saemaul Fung-dong, Seocheon-gu.

There is a duty of care to drive a motor vehicle in the case of a person engaged in driving on the road in order to drive the motor vehicle on the road as well as a duty of care to ensure that the motor vehicle is not interfered with traffic by properly examining the motor vehicle in the case of a person engaged in driving on the road, as the signal is not installed.

Nevertheless, the Defendant, while under the influence of alcohol, did not confirm the vehicle of the victim C driver who was in a direct driving as he was in a direct driving as he did, and was negligent before the right-hand, and caused the Defendant’s driver’s negligence to shock the part concerning the front part of the above cargo vehicle, which was the front part of the above wing-down vehicle.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as finite finites in need of approximately two weeks of treatment.

Summary of Evidence

The application of the Act and subordinate statutes to report the occurrence of traffic accidents in the police statement statement C by the defendant's legal statement, the investigation report on actual condition, the school seeds, and the notification of the results of the on-site examination of evidence photographing driving

1. Relevant 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 Selection of Punishment, Article 268 of the Criminal Act (the occupation of a person on duty and on duty due to the driving of a motor vehicle), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts, the selection of fines;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order reflects the defendant's mistake, the degree of accident and injury is minor, and the injured person is punished by the defendant.

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