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(영문) 수원지방법원 평택지원 2017.09.13 2017고정249
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is engaged in driving a sports cargo vehicle B while driving a sports cargo vehicle.

On January 18, 2017, the Defendant driven the said vehicle under the influence of alcohol level of 0.142% during blood transfusion around 01:38, while driving the said vehicle, and led the D private distance in Pyeongtaek-si C, from the mountainside to the parallel of flat-based outflow from the mountainside.

At the time, it was a road that is signaled at night and is in the front door and that there was a stop. In such a case, the driver of the motor vehicle shall not drive the motor vehicle while it is difficult to drive the motor vehicle normally due to the influence of drinking, and the driver of the motor vehicle has the duty of care to prevent accidents in advance by accurately operating the steering and steering gear and operating the steering gear.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, and friended and stopped in the same direction as that of the Defendant’s vehicle E (n.e., 21 years old), followed the front part of the Defendant’s vehicle and the front part of the vehicle.

Ultimately, the Defendant suffered, by negligence in the above business, the injury to the victim E, such as crypum finites, which requires approximately two weeks of treatment, and the injury to the victim G of the damaged vehicle, such as dypum finites, tensions, etc. requiring approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual condition and an accident scene photograph;

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

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

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 the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol driving);

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

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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