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(영문) 청주지방법원 2018.10.25 2018고단1293
교통사고처리특례법위반(치상)등
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

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On May 5, 2018, the Defendant driven the above vehicle while under the influence of alcohol of 0.106% in blood, and neglected to do so in the front part of the Defendant’s vehicle, while driving the said vehicle in the state of alcohol of 0.106%, and driving it in the front part of the Defendant’s vehicle, with the negligence of the victim C (the other 55-year-old driving) of the victim C (the other 55-year-old driving) who was under the influence of alcohol of 0.106% in front of the Cheongju-gu, Cheongju-si, the 309-gu, Cheongju-si, the upper part of the 309-gu, Cheongju-si, the front part of the

After all, the Defendant suffered injury, such as salt, tension, etc. in the c and damaged vehicle E (V, 22 years old), respectively, by occupational negligence, for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

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 the facts constituting an offense, Article 268 of the Criminal Act (the point of each duty and negligence), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment prescribed for a crime heavier than that of a crime in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a crime committed against C);

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act are recognized as crimes for sentencing, the primary offender is the victim C, the victim C does not have to be punished, the damaged vehicle is covered by the comprehensive motor vehicle insurance, and the damaged vehicle is minor, and all other circumstances, including the defendant's age, sexual conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc., on the basis of the sentencing conditions as indicated in the records and the changed theories, shall be determined as ordered.

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