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(영문) 수원지방법원 평택지원 2017.08.09 2017고단390
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 engaging in driving a rocketing car.

On February 19, 2017, the Defendant driven the said car with a alcohol content of 0.101% 0.101% of alcohol during blood transfusion, and driven the E-art front road D when he is safe, along with one-lane away from the boundary of the safe police station where he is safe, the Defendant proceeded at a remote speed.

At the time, there is a night and a place where the center line of the yellow-line is installed, so there was a duty of care to ensure thorough operation of the driver in the front line and safe operation of the car line.

Nevertheless, under the influence of alcohol, the Defendant neglected this and got off the center line and entered the opposite lane by the negligence of entering the opposite lane, and was taken off the front part of the G SP car of the victim F(35 ) driving with the right-hand turn-hand turn-hand turn-on from the shooting distance room of the new apartment.

Ultimately, the Defendant suffered injury to the victim by negligence in the course of performing the above duties, such as salt dynasium and tensions that require approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Application of each statute on photographs;

1. Article 148-2 (2) 2 and Article 44 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3 (1), the proviso to Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

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. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The driving of a motor vehicle in drinking condition is a case involving causing a traffic accident while driving the motor vehicle, which is favorable to the victim.

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