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(영문) 의정부지방법원 고양지원 2017.04.21 2017고단464
교통사고처리특례법위반(치상)등
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

1. The Defendant is a person engaging in driving service of a vehicle with C investment vehicle.

On November 06, 2016, the Defendant driven the said car under the influence of alcohol content of 0.077% in blood at around 05:20 on a 06:0,00, while driving the said car at the 0.07% of alcohol level, and facing the front part of the said vehicle, the Defendant shocked the part of the victim D (62 years of age) driving E taxi driven by the victim D (the victim’s 62 years of age), which was proceeding in accordance with the new subparagraph, from the nearest four-distance room of the Plaintiff’s base to the nearest part of the said vehicle, while driving the road of the 0,000 square meters from the 0,000 square meters of the Plaintiff’s base.

The Defendant suffered the victim F (M, 58 years old) of the victim F (M, 58 years old) who was accompanied by the said taxi in the same occupational field and room for approximately two weeks of treatment, respectively, on each side of the sleeps that require approximately three weeks of treatment.

2. The Defendant, at the same time and time as in the preceding paragraph, driven a C low-priced car with alcohol content of 0.077% under the influence of alcohol at the same time as in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Investigation report on the actual condition of traffic accidents, report on the detection of the main driver and report on the circumstances thereof;

1. Application of Acts and subordinate statutes of each written diagnosis;

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 under the relevant Act concerning criminal facts, Article 268 of the Criminal Act (the occupation of a person on duty and on duty) and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the occupation of a person driving under influence of alcohol);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a fine for selective punishment (including the confession and reflection of the defendant, the victims' punishment is not imposed on the defendant by agreement with the victims, and the defendant is the first offender);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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