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(영문) 전주지방법원 2017.06.20 2017고단630
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving service of a passenger car in the second order.

On March 16, 2017, the Defendant driven the said vehicle under the influence of alcohol level of 0.080% among the blood transfusion around 23:20 on March 16, 2017, and driven the said vehicle along the two-lane road in front of the D Company in the Yansan-gu Seoul Special Metropolitan City, Jeonju City along the one-lane road along the front side of the D Company in front of the front city.

At the time, it is night and at least prior to entry into an intersection, so in such a case, there was a duty of care to safely drive a person engaged in driving of a motor vehicle by checking the right and the right and the right of the road.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving while neglecting it, and the part on the back of the FM7 vehicle driven by the victim E (36 tax) who stops for the signal waiting at the front direction of the Defendant’s proceeding, was shocked with the front part of the Defendant’s driving vehicle.

Defendant 2 caused injury to the victim by negligence in the course of performing such duties as above, such as light signboards, etc. requiring approximately six weeks medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a bnish drive in the state of alcohol alcohol concentration of approximately 0.080% from a 50-meter radius from any drinking house located in the snive city automatic snive city in front of the D company located in C at the time immediately preceding the day specified in paragraph 1 to the road in front of the D company in C.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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. The order of provisional payment;

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