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(영문) 수원지방법원 2016.07.06 2016고정298
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[2016 Go fixed 298] On April 1, 2015, the Defendant, while driving a B body-wide car with a alcohol concentration of 0.112% under the influence of alcohol without a vehicle driver’s license, caused the victim D (nick, 29 years old) who was unfilled and neglected his/her duty of care under the influence of alcohol in front of Suwon-gu, Suwon-si, while neglecting his/her duty of care under the influence of alcohol, due to his/her occupational negligence and caused the victim to undergo approximately two-day medical treatment on the part of the vehicle, following the vehicle, and thereby requiring approximately two-day medical treatment.

[2016 High Court Decision 980 decided May 2, 2010] The Defendant was sentenced to one year of suspension of the execution of imprisonment for the crime of drinking on March 13, 2010 at the Suwon Flag Flag on May 2, 2010. On April 30, 2015, the Defendant was indicted for committing a crime of drinking on April 1, 2015 (the instant case No. 2016 High Court Decision 298). The Defendant again violated Article 44(1) of the Road Traffic Act more than twice, and again, the Defendant did not enter into a mandatory insurance at least 15m alcohol at the 15m alcohol level on the road from the 17:50-day Suwon Flag in Suwon Flag, 333 p.m., on the road from the 17:50th day of March 13, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Statement of the circumstances of driving each owner, the ledger of driver's licenses for each motor vehicle, and inquiry into each mandatory insurance;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a criminal investigation report (to attach recent records of driving under drinking to a suspect);

1. Articles 148-2(2)1, 44(1)1, 148-2(1)1 (not less than three times of drinking), 152 subparag. 1, and 43 (not less than three times of driving), respectively, Article 46(2)2, and the main sentence of Article 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 3(1), the proviso to Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 7 of the proviso to Article 148-2.

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