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(영문) 수원지방법원 2018.01.23 2017고단7337
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Criminal facts

The defendant is a person who is engaged in driving a car in the B SP area.

On October 30, 2017, the Defendant, while under the influence of alcohol level of 0.216% from blood, driven the said vehicle at a 0.216%, and proceeded along the two-lanes toward the 445-lane north north of the Jini-gu, Gi-gu, Gi-gu, Gi-gu, Gi-gu, Gi-gu, Gi-gu, Gi-gu, Gi-gu, Gi-gu.

At all times, there is a large volume of traffic at the front, thereby driving a victim C(55 S) DoNF rocketing car, and thus, there was a duty of care to prevent accidents by driving a driver who is engaged in driving service by emphasizing the front door and accurately manipulating the steering and operating the steering system.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting his duty at the front of the car in the instant Swiss area and was negligent in neglecting his duty at the front of the car in the front.

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, the injury to the c and the fluor E (V, 56 years old) of the c and the damaged vehicle, respectively, in need of a three-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Reports of traffic accidents and notification of the results of regulating drinking driving;

1. An accident scene photograph;

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

1. Article 148-2 (2) 1 and Article 44 (1) of the Traffic Act (the point of drinking), Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

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

1. Selection of each selective fine for punishment (all the circumstances, including the fact that the defendant repents the crimes of this case and reflects them, the extent of injury suffered by the victims is relatively minor, the vehicle operated by the defendant is covered by a comprehensive insurance, the victims have agreed smoothly with all of them, and there is no record of criminal punishment except for a fine once);

1. Aggravation concurrent crimes;

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