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(영문) 창원지방법원 2018.05.25 2017고단4290
교통사고처리특례법위반(치상)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving service of a motor vehicle with detached motor vehicles from B in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On November 30, 2017, the Defendant driven the said car under the influence of alcohol content of 0.136% among blood transfusions on November 30, 2017, and continued two-lane roads in front of the three-lanes into the intersection, which is located in 397, in the volume of Sungwon-gu, Sungwon-si, Sungwon-si, Sungwon-si, Changwon-si, the two-lanes into the said intersection.

At the time, since the Defendant's electric signal was accompanied by red signal, there was a duty of care to prevent accidents due to driving under the new code, such as stopping, etc.

Nevertheless, the Defendant neglected this and continued to enter the intersection, and followed the part on the right side of the victim C(41 tax) who was driving by the victim C(41 tax) who was driving by the new village heading from the new village heading to the new village heading due to the negligence that was driven by the bypassing the right side from the new village.

As a result, the Defendant suffered injury to the victim due to the occupational negligence as above, such as fluoral salt, which requires approximately two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving of the said B A-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-C

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and actual occupation and the occupation of fines), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of fines) concerning criminal facts;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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