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(영문) 제주지방법원 2015.03.30 2015고단100
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On December 9, 2014, the Defendant, while under the influence of alcohol on 04:15, while driving a spke car with a blood alcohol content of 0.12%, and driving 4-distance from the Jeju-dong in the Jeju-do at the Jeju-si, from the Jeju-do viewing room to the Aradong. On December 9, 2014, the Defendant received the back portion of the victim’s DNA driving car in the front part of the Defendant’s vehicle and suffered approximately two weeks of alcohol and tension from the shock.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, on-site map, and photograph;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

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

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

1. Concurrent Crimes: former part of Article 37, and Articles 38 (1) 2 and 38 (2), and 50 of the Criminal Act (Provided, That the lowest limit shall be the same as the crime of violation of the Road Traffic Act);

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

1. Provisional payment order: It shall be decided as per the Disposition for the reason under Article 334 (1) of the Criminal Procedure Act; and

Conditions favorable to the reasons for sentencing: Subscription to a comprehensive motor vehicle insurance, the unfavorable circumstances against which no punishment is imposed: the previous department (2 times and fines);

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