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(영문) 대구지방법원 상주지원 2016.09.20 2016고단326
교통사고처리특례법위반(치상)등
Text

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

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving of a passenger car with B low-priced car.

On July 3, 2016, while under the influence of alcohol 0.153% during blood transfusions, the Defendant driven the said car and continued to drive the said car at a speed of 0.153%, leading four-lanes in front of the normal school distance in the air condition of the air conditioners at the time of residing in the border at the time of residing in the border, and led to two-lanes in the direction of the mountain area, the mountain area, the mountain area, and the mountain area of the river at the intersection.

The Defendant, while under the influence of alcohol, was negligent in proceeding in violation of the intersection stop signals at the intersection, and received the part of the Defendant’s front part of the passenger vehicle in front of the Defendant’s vehicle, which was driven by the victim C (66 years old) who was in a direct progress in accordance with the new sub-section from the 3 main apartment protection area on the right side of the course of the collision to the upper part of the 3 main apartment.

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

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven the above 1. A vehicle with the highest-est alcohol content as stated in the above 1. paragraph, while under the influence of alcohol from about 700 meters to about 0.153% of alcohol level in front of the normal-distance road in the same city cooling-dong at the time of residing in the border of the above 1.1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The report on the occurrence of a traffic accident, the survey report on actual condition, the inquiry of the results of crackdown on drinking driving, a written statement of the driver taking charge and the application of Acts and subordinate statutes;

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the proviso of Article 3(2)1 and 8 of the Act on Special Cases Concerning the Selection of Punishment, Article 268 of the Criminal Act, Article 268 of the Criminal Act, Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (a) of the Road Traffic Act, the choice of fines (a person who suffers damage by agreement with the victim does not want to be punished by the defendant, the defendant is the first offender and all of the crimes are recognized and against the victim.

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