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(영문) 전주지방법원 2018.02.20 2017고단2287
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a vehicle in the quantity of BSP car, and around October 6, 2017, the Defendant driving the said vehicle at around 00:50, and driving the said vehicle at around 00:50, and driving the 427 comprehensive stadium-distance roads at the front city, and the left turn to the left at the right-hand turn from the right-hand edge of the department store to the right-hand turn in the direction of the sub-section 5-lane.

Since there is a signal apparatus installed, in such cases, a person engaged in driving service has a duty of care to safely drive the signal in accordance with the signals and to prevent accidents in advance by checking well the right and the right and the right of the signal.

Nevertheless, the Defendant neglected this and neglected to turn to the right while under the influence of alcohol 0.093% in the blood while drunk, and did not discover the lele-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de

2. On October 6, 2017, the Defendant driven the said vehicle at a section of about five km from the 5km-gu, Jin-gu, Jeonju to the 427 comprehensive stadium street road, in a state of drinking alcohol concentration of 0.093% among blood, which was driven by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. A survey report on actual conditions;

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

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

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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