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(영문) 수원지방법원 안산지원 2017.07.12 2017고단1478
교통사고처리특례법위반(치상)등
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Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

The Defendant was under the influence of alcohol around 01:47 on February 4, 2017, and around 01:107% on blood alcohol level, while driving the said body-wide car, and driving from the IC located on the 11km in the Sing-dong Highway located in the Sing-si, Sing-si, the Defendant driven the said body-wide car along the same three-lane between the two-lanes.

In such cases, the defendant engaged in driving of a motor vehicle has a duty of care to accurately operate steering and operating the steering gear, regulate speed in advance, and secure safety distance.

Nevertheless, the Defendant changed the vehicle from the first lane to the second lane under the influence of alcohol as above, and the Defendant received the front portion of the front portion of the victim C(54) driving, which was proceeding along the second lane in the same direction, into the right side of the first car.

As a result, the Defendant suffered injury, such as salt, tension, etc., in need of approximately two weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. Whether to output the measuring instruments for drinking;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 (Bodily Injury) of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) (to select each fine for driving under the influence of alcohol) (1) of the same Act on criminal facts;

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. It is so decided as per Disposition by the Criminal Procedure Act Article 334(1) of the Provisional Payment Order (the defendant's previous convictions and previous convictions of a fine for drinking in 2005 are not different from those of a fine for drinking in 2005, the fact that the defendant agreed with the victim, the degree of damage, etc

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