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(영문) 부산지방법원 동부지원 2017.06.07 2017고단594
교통사고처리특례법위반(치상)등
Text

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

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. The Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving of a motor vehicle from BAW lurd, and the Defendant driven the said motor vehicle with a alcohol content of 0.154% at around 19:05 on December 12, 2016, while under the influence of alcohol at around 0.154% during blood transfusion, while driving the said motor vehicle at around 0:154% on the two-lanes in front of the “D” located in Busan-gun C, and led the one-lane of the two-lanes in front of the “D” located

At the time of the defendant's frontline, the victim E-driving car was stopped in the signal atmosphere, so in such a case, the defendant engaged in driving of the motor vehicle had a duty of care to see the front door well and to operate the steering gear accurately and safely.

Nevertheless, the Defendant neglected to do so and did not properly operate the front-time and steering gear in the influence of alcohol and received the rear part of the said rocketing car as the front part of the said Astring-out car by negligence.

The Defendant suffered injury to the victim by negligence in the course of performing such duties, such as salvinal sale, which requires approximately two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a vehicle from the front of the “H” located in the G of the Busan-gun in the city of the same day to the front of the “D” located in the Busan-gun, Busan-gun, with approximately 100 meters water section from the blood alcohol concentration of about 0.154%.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. The application of Acts and subordinate statutes to the traffic accident report (1), on-site photographs, the circumstantial report on the driver at the main place, and medical certificate;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the point of causing a traffic accident), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the choice of each fine) concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Attraction of a workhouse;

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