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(영문) 수원지방법원 여주지원 2017.09.12 2017고정81 (1)
교통사고처리특례법위반(치상)등
Text

A fine of three million won shall be imposed on a defendant.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a driver of a vehicle who is a new excellent driver B and is a driver of a vehicle.

1. On October 30, 2016, around 16:40 on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) driving the said vehicle under the influence of alcohol concentration of 0.074% in the blood, and driving the said vehicle under the influence of alcohol concentration of 0.074% in a two-dimensional hospital at a two-dimensional hospital one-lane between the two-lanes.

The location of the accident is the straight line of two lanes, the traffic volume of ordinary vehicles is high, and the defendant is not allowed to drive because he was under the influence of alcohol, in violation of this, and due to the negligence of neglecting the front-way in the state of drinking, neglecting the speed of the driving, driving the same lane by reducing the speed and driving the F F the driver behind the vehicle by the victim E (the South, 54 years old) driving.

In the end, the victim E suffered an injury during the 3-day period of 1st century due to the trophe base, tension, etc., and the victim G (V, 52 years old) who is the same passenger on the same vehicle, suffered an injury for 3-day period of fluence due to fluoral salt, tension, etc.

2. The Defendant 1 driven the said vehicle at approximately 700 meters from the center of Yangyang-gun, Gyeonggi-do, 31-1, to D in front of the road located in C, while under the influence of alcohol 0.074% during blood as stated in the above 1.1.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Reports (1), (2) on traffic accidents;

1. Each photograph;

1. A traffic accident occurrence report;

1. The circumstantial report of the driver employed at the main place;

1. Notification of the results of regulating drinking driving;

1. E statements;

1. Application of Acts and subordinate statutes of G and E of each medical certificate;

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 criminal facts; Article 268 of the Criminal Act; Article 148-2 (2) 3 and 44 (1) of the Road Traffic Act;

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

1. Selection of an 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. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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