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(영문) 의정부지방법원 고양지원 2016.10.06 2016고단1189
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

The defendant is a person who is engaged in driving a Cmea car.

At around 21:25 on March 10, 2016, the Defendant was under the influence of 0.22% of alcohol concentration in the blood, and was under the influence of 0.22% of 0.22% of 0.22% of 0.2% of 0.2% of 0.22% of 0.3.21:25 on the back part of the E-learning car of the victim D (ma, 36 years old) who stopped on the right side of the madow direction, and was under the influence of the Defendant’s vehicle, and was under the influence of the Defendant’s vehicle, the Defendant sustained the victim’s back part of the E-learning car in the front part of the Defendant’s vehicle, and caused the victim to suffer injury, such as salt, tension, etc., requiring treatment for about two weeks.

After all, the defendant was driving a drinking on the road, and suffered an injury to the victim due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to the Act and subordinate statutes to report on the circumstances of a host driver, a practical survey report, a diagnosis report, each photograph, and an investigation report;

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

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Grounds for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Fines of five million won and 30 million won; and

2. Whether the sentencing criteria are applied: Restricted, circumstances, etc. in which fines are sentenced.

3. Determination of sentence: The fact that an accident involving a fine of 5 million won driving or driving, or the fact that the defendant returned home and was moving or parking the vehicle while having known of his mind, etc. is not significantly serious, and the degree of injury to the victim is not a comprehensive insurance.

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