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(영문) 수원지방법원 성남지원 2016.04.28 2016고단146
교통사고처리특례법위반등
Text

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 September 5, 2008, the Defendant issued a summary order of a fine of two million won due to a violation of road traffic law (drinking driving) in support of Sungnam-gu Friwon on September 5, 2008, and on July 3, 2007, the Defendant issued a summary order of a fine of seven million won or more for the same crime in the same court on July 3, 2007, and driving the B Poter truck on at least two occasions.

On November 13, 2015, the Defendant was under the influence of alcohol content of 0.105% during blood transfusion around 19:40 on November 13, 2015, and continued to proceed to the direction in Gwangju City from the direction of the 1428-15 Gwangju Agricultural Co., Ltd. in front of a two-one-one5 Gwangju metropolitan road, according to the landscape of Gwangju City.

Although a person engaged in driving a motor vehicle has a duty of care to accurately operate the steering direction and brakes and prevent accidents by accurately operating the steering direction and brakes, the defendant was unable to properly operate the steering direction and brakes while under the influence of alcohol, and the victim C (the 49 years old) who was walking in the same direction was faced with the front part of the motor vehicle.

Ultimately, the Defendant suffered injury to the victim, such as finite finites, in need of approximately three weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The report of each traffic accident, the traffic accident occurrence report, the statement report on the circumstances of the driver at home, the report on detection of the driver at home, the medical certificate, and each photograph;

1. Each report on investigation;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (report on the result of confirmation of the previous convictions of the disposition and report on the date of release);

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 criminal facts, Article 268 of the Criminal Act, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts;

1. Selection of a fine for selective punishment (the sentence of a fine charged for summary punishment shall be imposed in consideration of the fact that the person has no significant damage and is covered by a comprehensive insurance policy, the fact that the person has no same electric power in the last year and reflects misjudgment, etc.);

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