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(영문) 수원지방법원 2018.08.14 2018고단3016
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Criminal facts

1. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was a person engaged in driving of the vehicle B in the Dool Do, while driving the said vehicle at around 08:25 on April 23, 2018 while under the influence of alcohol level of 0.096% on blood, and driving the said vehicle at around 0.096% on the surface of the apartment house inside both sides of the road at the time of emulsion, and driving the front road at the surface of the apartment house inside both sides of the road at the time of emulsion, due to the negligence of entering the intersection in contravention of the signal, and thereby driving the Ethic vehicle at the southyang High School (50 e.g., the upper part of the victim’s right-hand part of the Ethic vehicle at the southyang High School (50 e., the victim affected the victim D, who was in need of treatment for about three weeks at around the left side of the said Dool Do 3.

2. The Defendant, in violation of the Road Traffic Act (drinking), driven the foregoing Do-type vehicle B while under the influence of alcohol 0.096% in blood at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. Reporting of a traffic accident (1) and notification of the results of regulating drinking driving;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 148-2 (2) 3 and Article 44 (1) of the Traffic Act (the point of drinking), Article 3 (1), the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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. Circumstances favorable to the defendant in sentencing of Article 334(1) of the Criminal Procedure Act are as follows.

The defendant is deeply divided into and reflected in the crime of this case.

In this case, the defendant was driving the so-called deliberation for his work.

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