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(영문) 제주지방법원 2015.05.01 2015고단129
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On November 21, 2014, while under the influence of alcohol of 04:00, the Defendant driven a CSP car with a blood alcohol content of 0.117%, and had the victim die of the above bicycle in the front part of the Defendant’s vehicle with the rear part of the Defendant’s vehicle, while driving the CSP car on a two-lane road of 100 meters high-speed 8174 Dong, Seopo-si, Seopopo-si, 174, from the right side of Seopopo-si, Hongpo-si, Pungpo-si, and driving on a two-lane, the Defendant neglected to do so. The Defendant did not discover the victim D(75 years of age)’s bicycle driving prior to the same direction, while driving on a two-lane basis, and caused the victim to die of the above bicycle due to the shock in the first part of the Defendant’s vehicle with the rear part on November 22, 2014 at the Hanpo-si Hospital at around 09:55.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. The actual condition survey report;

1. Notification of the result of crackdown on drinking driving;

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

1. Relevant provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment: Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of each fine;

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) and (2), and Article 50 of the Criminal Act (the subordinate provision shall be applicable to the 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: The sentencing of Article 334(1) of the Criminal Procedure Act shall be determined as ordered in consideration of all the following circumstances:

The favorable circumstances: The facts of the crime are recognized and reflected, the first offender who has no previous record, the victim's bereaved family member and the victim's bereaved family member have reached a unanimous agreement: The result of the crime is serious: the victim's death, etc., and it is decided as per Disposition on the grounds of the motive and circumstance of the crime, circumstances after the crime, the defendant's occupation, age and family relationship

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