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(영문) 대구지방법원 2018.11.07 2018고단4067
교통사고처리특례법위반(치상)등
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Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, while under the influence of alcohol level 0.105% on July 22, 2018, the Defendant, as a person engaged in driving a Belgium car, was under the influence of around 02:30% on blood alcohol level, was under the influence of alcohol level 0.105% on July 22, 2018. The Defendant, while under the influence of alcohol level 77%, was under the influence of alcohol, due to the negligence of running an intersection in violation of the red signal while he was under the influence of alcohol level, and due to the negligence of running the intersection in violation of the signal while he was under the influence of alcohol level, and due to the accident of the victim C ( South, 57 years old) (DK5-si driving in the middle, the Defendant had the said victim suffered an injury, such as the fluenite for the pertinent 3 week medical care.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 8 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 concerning criminal facts;

1. Selection of each alternative fine for punishment;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The punishment is determined as ordered in consideration of the following: (a) the degree of violation of the defendant’s duty of care due to the sentencing of Article 334(1) of the Criminal Procedure Act; (b) the defendant’s blood alcohol concentration is high; (c) the defendant reflects the defendant; (d) the defendant has agreed with the victim; (e) the defendant has only one previous conviction of a fine; and (e) the defendant’s age, sex behavior, environment, motive for and circumstances after the crime, etc.

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