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(영문) 전주지방법원 군산지원 2017.03.22 2016고정551
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

The defendant is a driver of CT 100 Oral c.

A. On August 22, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was under the influence of alcohol content of 0.123% during blood transfusion on August 22, 2016, and was driving the otobb in front of the E-cafeteria located in D in the next City of Busan, with the Modong community service center room.

At the time, in such a case as a new wall time, a person engaged in driving of a motor vehicle has a duty of care to see the front side and the right and the right and the right, and to accurately operate the steering direction and the brake system.

Nevertheless, under the influence of alcohol, the defendant, who was negligent in driving under the influence of alcohol, left the part of the victim F (F, 40 tax) of this part of this part of the victim F (F, South and North) which was followed by the defendant's drinking, while the defendant was trying to drive under the influence of alcohol, and got the victim to go beyond the center of the victim's knife due to the operation of the Obabba

Defendant 1 suffered approximately two weeks’ salt, tension, etc. from F due to such occupational negligence.

B. On August 22, 2016, the Defendant driven a approximately 10 kilometer from the upper corner of the E cafeteria located in D in Isan-si, Ilsan-si to the house located in G in the former Kim Jong-si, while driving a alcohol level of 0.123% in light of the alcohol level among the blood transfusion around 00:35 on August 2, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A survey report on actual conditions;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Investigation Report - The above drama;

C. C

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

1. Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)2 and Article 44(1) of the Road Traffic Act, the selection of fines for each crime;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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