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(영문) 제주지방법원 2014.12.05 2014고단1394
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. On July 22, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, while under the influence of alcohol of 0.083% of blood alcohol content on July 22, 2014, the Defendant: (a) while driving a B low-speed car and driving a road at the entrance of the stadium located in Oradong at Oradong at the entrance of a bus terminal at the Orade-si; (b) caused the median line by the negligence of the medianing the central line; and (c) caused the injury of the victim E (the age of 36) who was waiting for the signal on the opposite lane and was waiting for the signal on the left-hand side of the vehicle by obtaining the front-hand part of the vehicle from the Defendant’s left-hand part; and (c) caused the injury, such as catitis, salt, tension, etc. for about two

2. Around 07:30 on July 22, 2014, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.083%. From the roads near the general market in which Jeju city is linked to, to the entrance of the general stadium in the Jeju city, the Defendant driven a vehicle B with a low-speed car at the 1km section.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the result of the crackdown on drinking driving;

1. Application of statutes to field photographs, actual survey reports, and diagnostic certificates;

1. Relevant Article of the Act on Special Cases concerning the Settlement of Traffic Accidents and Selection of Punishment: Article 3 (1) and the proviso of Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of a sound driving).

1. Aggravation of concurrent crimes: The provision of the former part of Article 37, and Articles 38 (1) 2 and 50 (within the scope of adding up the amount) of the Criminal Act;

1. Attraction of a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Provisional Payment Order: A punishment is determined as ordered in consideration of all the following circumstances as the reasons for sentencing of Article 334(1) of the Criminal Procedure Act: The facts of crime are recognized and reflected; the blood alcohol concentration is not high; the injury suffered by the victim is minor; the damage was recovered through the automobile comprehensive insurance; and there is no criminal record exceeding the same kind of criminal record or fine.

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