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(영문) 대전지방법원 2018.11.22 2018고단3459
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

Punishment of the crime

The defendant is a person who drives a motor vehicle to be observerd.

On May 31, 2018, when the Defendant driven the said car while under the influence of alcohol of 0.216% during blood at around 18:00, while driving the said car, and driving the three-lanes of the four-lanes in front of the Saemaul Treasury, which was located in 1546, in the middle of the large war, into the four-lanes of the four-lanes in the flow-distance boundary from the flow-distance boundary of the flow-distance, due to the negligence of neglecting the flow-line prior to the drunk and not operating the brakes accurately, the Defendant incurred the Defendant’s injury to the victim D (V, the 57-year-old driver), who was in the front part of the passenger vehicle of the Defendant, due to the negligence on duty, on the part of the victim D (the victim F, the victim (the 50-year-old), the victim(s) and the victim(s) who was in his own car at his own seat.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual condition and an accident scene photograph;

1. Inquiries about reports on the detection of drivers engaged in driving, reports on the circumstances of drivers engaged in driving, and the results of regulating drinking;

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

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) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol driving);

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

1. Selection of an 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. Although Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order had three times the history of fine for driving a drinking alcohol on the ground of sentencing, the victim was injured by shocking a vehicle in the signal atmosphere in the condition of drinking, and the crime is not good because the drinking value is significantly high.

However, the degree of injury of victims is minor, the victims have agreed with all of them, and the comprehensive insurance.

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