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(영문) 창원지방법원 통영지원 2017.05.01 2017고정91
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

The defendant is a person who is engaged in driving of a CTB car.

On November 25, 2016, the Defendant driven the said car with alcohol content of 0.107% at around 21:25: (a) while under the influence of alcohol, the Defendant neglected to perform his/her duty of late night care under the influence of alcohol while driving the said car on the 25-lane parking lot from the northwest-gu, 200 to the north New Airport; and (b) was negligent in performing occupational negligence in failing to accurately operate the brake system to turn to the left from the right behind of the said YG car, the Defendant suffered from the said victim D (n, 47 years old)’s left side side of the said YG car due to the influence of alcohol level at the lower part of the said YG car; (c) the Defendant suffered from the said victim D’s injury, such as trend of light and injury in need of treatment for about three weeks; (d) the victim’s injury to the said 25-day passenger car and the 25-day treatment week; and (e) the victim’s injury to the said 25-day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to a survey report on actual conditions, on-site photographs of accidents, and medical certificates;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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