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(영문) 광주지방법원 순천지원 2017.09.28 2017고정304
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 engaging in driving a PP car.

On April 12, 2017, the Defendant driven the said car under the influence of alcohol content of 0.153% from blood transfusion around 03:00, while driving the said car at the speed of 0.153%, and continued three lanes to the intersection of the virtue-distance located on the side of the Sungsan Park, which is located in the Ssan Park in the Ssan Park, at the speed of about 40km each hour.

Since the place is a road with four-lanes in apartment concentration area, the driver has a duty of care to reduce the speed and to operate the steering direction and brake system accurately by accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant neglected to do so and negligently caused injury to the victim C, who was stopped by the Defendant at the front of the vehicle driven by the Defendant, in order to let the Defendant get off the vehicle at the front of the vehicle driven by the Defendant, by the negligence that he was not able to drive well, by taking the front part of the vehicle driven by the Defendant’s driver C and the victim E who was on the said taxi in the front part of the vehicle driven by the Defendant, thereby causing about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Field map of a traffic accident, and evidence and photographs at the scene of a traffic accident;

1. Notification of the results of regulating drinking driving;

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, Article 268 of the Criminal Act, Article 148-2(2)2 and Article 44(1) of the Road Traffic Act concerning criminal facts;

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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