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(영문) 창원지방법원 2018.08.10 2018고단1638
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

The defendant is a person who is engaged in the driving of the Category B car.

On April 20, 2018, the Defendant, while under the influence of alcohol level of 0.112% during blood transfusion around 21:35, was driven by the Defendant, and the two-lane roads in DMat in front of Kimhae-si C were driven by a two-lane long distance flooding area from the flat distance flooding area.

In such a case, a person engaged in driving of a motor vehicle has a duty of care to properly see the front side and the left side and the left side, and to prevent accidents by accurately operating the steering gear.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving in the same lane and was driven by the victim E (FE 37 years old) prior to the same lane, and received the F E E-car after the driving.

Defendant 1 suffered, by such occupational negligence, the injury to the victim E, such as salt ties and tensions in the part where approximately three weeks of medical treatment is required, and the injury to the victim G (V, 9 years of age) and the victim H (V, 6 years of age), each of whom requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on site photographs;

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 (the point of each duty and negligence), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking);

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

1. Selection of each alternative fine for punishment;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the maximum amount of the above two crimes: Provided, That the lower limit of the punishment shall be that determined for the crimes of violation of road traffic Act (driving), within the scope of the total sum of the maximum amounts of the crimes) of the aggravated concurrent crimes;

1. Attraction of a workhouse;

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