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(영문) 부산지방법원 서부지원 2020.02.05 2019고단1992
교통사고처리특례법위반(치상)등
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On July 18, 2019, when the Defendant is engaged in driving the 124CC (hereinafter “the instant Austria”) and is under the influence of 0.042% of blood alcohol level on July 18, 2019, the Defendant: (a) driving the instant Austria; (b) driving a four-lane road adjacent to the D pharmacy located in Busan Seo-gu C using four-lanes from the lower-distance gate distance from the lower-distance gate in the lower-distance gate; (c) at the time, the Defendant was under the influence of driving the radioactive road; (d) the Defendant was under the influence of driving at the 124CC; and (e) the driver was under the influence of driving the radioactive road by reducing speed; (e) the driver was under the influence of driving the cab while neglecting the duty of care to drive the cab due to negligence; and (e) the Defendant was under the influence of the victim, while taking the treatment of the east and the instant neck beyond the three-lane.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident report, report on the circumstances of a drinking driver, report on the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. A medical certificate;

1. Application of accident video-related Acts and subordinate statutes;

1. Relevant Acts concerning criminal facts, Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (3) 3 and Article 44 (1) of the Road Traffic Act, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [ within the aggregate of the maximum amount of punishment prescribed for each of the above crimes, the punishment shall be more severe and concurrent crimes concerning the punishment prescribed for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents];

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant is prior to 2007.

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