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(영문) 전주지방법원 2018.01.16 2017고단1873
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car at a horse in B.

1. Around 03:00 on August 16, 2017, the Defendant driven the said vehicle under the influence of alcohol concentration of about 0.166% from the 3km section from the Dong-gu Seoul Metropolitan City, Dong-gu, Gwangju Metropolitan City to the roads in front of the Seoul Metropolitan City, the Defendant driven the said vehicle under the influence of alcohol level of about 0.16%.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was driving the said car at the date and time set forth in paragraph 1, and, while under the influence of alcohol 0.166% in blood, the flow distance in the north-gu Seoul Metropolitan City of Gwangju was driven by the two-lanes of the two-lanes between the two-lanes of the flow distance in the north-gu Seoul Special Metropolitan City from the early intersection of the waterside to the middle side of the waterside.

In such a case, a driver has a duty of care to take into account the situation of the front and right-hand and right-hand traffic well and to accurately manipulate the steering gear and prevent the accident in advance.

Nevertheless, the Defendant, while under the influence of alcohol, went through by negligence while neglecting it, brought the back part of the victim D(23) waiting for the above-mentioned signal into the front part of the passenger car of the Defendant.

Ultimately, the Defendant suffered injury to the above victim, such as the 3-day departure of the 6-day emergency medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Reporting on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a 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)2 and Article 44(1) of the Road Traffic Act concerning criminal facts;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the victim.

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