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(영문) 서울중앙지방법원 2018.05.11 2018고정872
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person driving B car volume.

On December 15, 2017, the Defendant driven the above vehicle at a drinking level of 0.094% of alcohol content among blood transfusion 23:25 on December 15, 2017, and driven the vehicle at a speed below the speed of vision in accordance with the direction of new-speed disease control at each hospital located in the front of Dongjak-gu Seoul Metropolitan Government.

In such cases, a driver of a vehicle shall not drive the vehicle under the influence of alcohol, and he/she has a duty of care to prevent accidents in advance by safely driving on the front side and the left side.

Nevertheless, the defendant neglected this and was driven by the victim D (30 years old) who makes a right-hand in the right-hand direction at the front of the vehicle that the defendant drives while under the influence of alcohol due to negligence.

As a result, the Defendant suffered, by negligence on duty, the injury to the victim, such as salt panions in light of the light that requires approximately 2 weeks of treatment, the injury to the franchise F (33 years of age) that requires approximately 2 weeks of treatment, and the injury to the franchise, tensions and tensions that require approximately 2 weeks of treatment to the same victim G (24 years of age).

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. A survey report on the actual traffic accident and a report on the detection of the main driver;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol);

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. The Criminal Procedure Act of the Provisional Payment Order.

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