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(영문) 광주지방법원 순천지원 2016.12.15 2016고단2139
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

The Defendant is a person who is engaged in driving a new EFstet or other car.

On October 5, 2016, at around 07:45, the Defendant was under the influence of alcohol with a blood alcohol content of 0.059% 0.0%, and the Defendant was under the influence of alcohol with a three-lane of 72 in front of the female apartment at the same time in the chill-dong metropolitan distance located on the side of the virtue-dong ICT with the same city.

At the time, the Defendant had a duty of care to ensure the safety distance between the above vehicle and the safety distance as a person engaging in driving service, and to accurately operate the steering gear and brake system of the above rocketing vehicle operated by the Defendant, thereby preventing accidents in advance.

Nevertheless, under the influence of alcohol, the Defendant, while negligent in driving, has shocked the back part of the signal kiston vehicle in front of the Defendant's rocketing vehicle.

Ultimately, the Defendant suffered injury to the victim, such as brain salvin, which requires medical treatment for about two weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. On-site evidence and photographs;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, and selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The punishment shall be determined as ordered in consideration of the records of the same crime (one time of fine), the drinking volume of the defendant, the degree of damage to the victim, the amount of traffic accident and the fact that the defendant purchases a comprehensive insurance policy for the reason of sentencing under Article 334(1) of the Criminal Procedure Act;

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