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(영문) 의정부지방법원 고양지원 2016.06.17 2016고정347
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a first car in B.

On November 10, 2015, the Defendant driven the above vehicle while under the influence of alcohol content of 0.108% among the blood transfusions on November 10, 2015, and led the Defendant to drive the road front of the instant officetel “Welsan Lone Star” located in 49 of the Seo-gu Seoul Special Metropolitan City, Seoyang-gu, Seoyang-gu.

In this case, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering gear and brake system of the vehicle and to prevent accidents.

Nevertheless, when the defendant driven a vehicle while under the influence of alcohol due to negligence, he was driven by the victim C (54 Doe) who was in the atmosphere of the signal signal at the front of the same direction in the same direction as the above, and the part behind the D Lasta taxi and the part behind the driver was driven by the above body part as the front part of the last car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately three weeks of treatment due to occupational negligence as above.

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven the said B-man car under the influence of alcohol concentration of approximately 0.108% from the front side of the “Seoul AF Dokdong, Seo-gu, Seoyang-gu, Seoyang-gu, Seoyang-si, Seoyang-si, to the front side of the instant accident site, from around 20 meters to the “Welsan Dok’s Road,” a place where the said accident occurred.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Investigation report on the actual traffic accident, report on the detection of the principal offender, and circumstantial report on the principal offender;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident photographs;

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 Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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