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(영문) 광주지방법원 2018.08.09 2018고단2191
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On May 22, 2018, while under the influence of alcohol level of 0.141% from blood alcohol level, the Defendant driven the B K5 vehicle at around 20:35, and led the Defendant to drive the B K5 vehicle at around 0.141%, depending on one lane in front of the Dinging room in Gwangju Northern-gu, the Defendant continued to drive the string string string string string string string string string string string string string string string string string string string string string string string string string string string string string string string string string string string string string string string string string string 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. On-site photographs of each accident;

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

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

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

1. Selection of each alternative fine for punishment;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the maximum amount of punishment for each of the above crimes: Provided, That the minimum amount of the punishment specified for any violation of traffic Acts shall be set at the lower limit) of the aggravated concurrent crimes;

1. Taking into account all the circumstances, such as: (a) the Defendant’s mistake is recognized for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act; (b) the Defendant had a criminal record of a fine due to driving under the influence of alcohol one time, but there is no record of criminal punishment other than that; (c) the Defendant did not have serious damage due to the instant accident; and (d) the degree of alcohol concentration during blood transfusion;

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