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(영문) 창원지방법원 2017.07.20 2017고정475
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in the operation of an X-ray truck.

On March 8, 2017, the Defendant driven the above cargo while under the influence of alcohol content 0.104% during blood transfusion 0.104%, and driven the G road in front of the G road in Changwon-si, Changwon-si, Changwon-si, along the one-lane distance from the vicinity of the mountain.

At the time, the Defendant was behind the victim H (the South, the 33 years old-old driver) driving in the same direction, and therefore, the person engaged in driving service had a duty of care to prevent accidents by accurately manipulating the front vehicle and accurately manipulating the steering gear and operating the steering gear.

Nevertheless, under the influence of alcohol, the Defendant, by negligence, neglected to do so, sustained fluoral salt pans that require approximately two weeks of treatment to the victim by shocking the back part of the fluor of the fluor who suffered from the fluoral fluor, which is the front part of the fluor of the fluor vehicle.

2. On March 8, 2017, the Defendant was under the influence of 0.104% of alcohol during blood transfusion at around 01:00, the Defendant driven a e-ray truck from around 100 meters to the front of G in the Chang-si, Chang-si, Chang-si, the Chang-si, the level of which is about 00 meters from the Do in front of the Chang-si, the level of which is about 100 meters to the front of the G in the Chang-si, Chang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

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

1. Relevant Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2(2)2 and 44(1) of the Road Traffic Act, and 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. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.

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