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(영문) 광주지방법원 순천지원 2017.02.08 2016고단2335
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On October 26, 2016, the Defendant, who is engaged in driving a D low-speed car, driven the said car under the influence of alcohol content of 0.112% in blood at around 19:45 on October 26, 2016, and driven the said car at a low speed near the “Written Myeon Office” located in the middle of the “Wal Myeon Office,” which is located in the normal-speed dong route at the same time. The Defendant, depending on the three-lane distance adjacent to the 3-lane road, was driving at a string distance distance from the horizontal gate of the school.

At this point, there was a duty of care for the defendant who is engaged in driving of a motor vehicle as a place where the center line of yellow solid lines is installed, to observe the vehicle line and operate the motor vehicle safely.

Nevertheless, the Defendant neglected to perform the above duty of care and went beyond the center line to the victim E (32 years) who was going to go to the opposite direction by negligence and going to the opposite direction, and received the left front part of the driver's vehicle of the F-A-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Won.

The Defendant caused the victim to suffer injury, such as brain-dead, which requires approximately two weeks of medical treatment due to negligence in the above business.

Summary of Evidence

The application of statutes to the defendant's legal statement E of traffic accident report, on-site evidence of traffic accident, on-site investigation report, on-site investigation report of the driver of the State, and notification of the results of drinking driving control.

1. Relevant Article 3 (1) and the proviso to Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the occupational and practical use due to the driving of a motor vehicle), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts, the selection of fines;

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

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

4. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant, who was sentenced to a fine due to drinking under the influence of alcohol in 2013, is driving under the influence of alcohol.

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