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Reasons
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(영문) 의정부지방법원 고양지원 2016.09.23 2016고정689
교통사고처리특례법위반등
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Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a motor vehicle of lurged B.

On March 23, 2016, the Defendant driven the above vehicle while under the influence of alcohol level of 0.067% among the blood transfusion around 21:20 on March 23, 2016, and led the Defendant to go back at the Goyang-gu Cheongyang-gu 33, Goyang-gu Cheongyang-gu parking lot.

Since there is a vehicle parked in the rear side, there was a duty of care to prevent the accident by accurately manipulating the steering gear and brake system of the vehicle with the driver's duty of care.

Nevertheless, the Defendant, as seen above, was negligent in driving a motor vehicle while under the influence of alcohol and due to negligence, and was driven by the DSS5 vehicle driven by C(28 Dose) at the later end of the mast, and the part behind the flurb part of the said flurged motor vehicle was followed by the flurged part.

Ultimately, the Defendant suffered from the injury of the victim E (the age of 33) on board the said SM5 car due to the above occupational negligence, such as the left-hand slick, which requires approximately two weeks of treatment.

2. Defendant 1, who violated the Road Traffic Act (drinking driving), driven a vehicle of approximately two-meter turbhn with alcohol level 0.067% while under the influence of alcohol level at the public parking lot adjacent to the Seoyang-gu, Seoyang-gu, Seoyang-gu, 33, the light light at the time of the above 1.1.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on the actual condition and a report on the circumstances of the driver who takes charge of driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes to field photographs and neighboring photographs;

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 by the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2(2)3 and 44(1) of the Road Traffic Act, and the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on Special Cases concerning the Settlement of Traffic Accidents, which provides that the punishment shall be more severe.

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