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(영문) 제주지방법원 2018.02.12 2017고단2632
교통사고처리특례법위반(치상)등
Text

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

When 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 of a vehicle in Ctheme.

On July 04, 2017, the Defendant driven the above vehicle while under the influence of alcohol level of 0.102% among the blood transfusion around 18:20 on July 04, 2017, and made a left turn to the left from the east of the 3rd village in Taepopo City, Taepo-ro 15 roads to the left turn to the shore.

In such cases, the driver of any motor vehicle who intends to make a left-hand turn at an intersection where traffic is not controlled shall have the duty of care to safely drive the motor vehicle when there is any other motor vehicle that intends to proceed straight or make a right-hand along the intersection and prevent the accident in advance.

Nevertheless, the Defendant operated a left-hand turn and operated a road on the left-hand side from the shore to the 3rd village hall at the coast, and operated by the victim D (the age of 57) with the front-hand part of the E-hand vehicle operated by the victim D (the age of 57), was in front of the Defendant’s vehicle.

As a result, the defendant's negligence in the above occupational negligence caused the victim's injury, such as the salt, tension, etc. of the shoulder pipe that requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A medical certificate;

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

1. Results of regulating driving of drinking;

1. Application of Acts and subordinate statutes to the actual survey report;

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 by the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2(2)2 and 44(1) of the Road Traffic Act, and the selection of fines for each crime;

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 amount of fine shall be determined by taking into consideration the fact that the defendant, on the grounds of sentencing of Article 334 (1) of the Criminal Procedure Act for the order of provisional payment, deposited 1.8 million won by designating the victim as the person who has been committed as the principal and the aged, etc.;

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