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(영문) 수원지방법원 성남지원 2020.05.21 2019고단3215
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On February 10, 2010, the Defendant was issued a summary order of KRW 2.5 million by the Seoul Central District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On October 19, 2019, the Defendant, within the second floor of the building in Seongbuk-gu, Sungnam-si, Seoul Special Metropolitan City, 2019, driven a fluoral vehicle under the influence of 0.177% alcohol level, and was negligent in failing to perform the duty of the fluoring in the direction of the parking area in the course of driving the vehicle in the direction of the parking area, and caused the Defendant to suffer from the injury, such as the fluoral fluor and tension, which require approximately two weeks of treatment to the injured vehicle E (n, 25 years of age), by neglecting the duty of the fluoring in the front direction of the vehicle in the influence of alcohol level while driving the vehicle in the direction of the parking area.

As a result, the defendant was under the influence of alcohol not less than twice and sustained bodily injury by driving a motor vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on the actual condition of the E, a report on the actual condition of the driving of a house in the main line, each photograph and a medical certificate;

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (verification of recidivism of sound driving)-related Acts and subordinate statutes;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. According to Article 334(1) of the Criminal Procedure Act Article 334(1) of the Road Traffic Act, in the case of a drunk driving as prescribed in Article 44 of the Road Traffic Act, it includes the use or manufacturing of a motor vehicle at a place other than the road according to its original method.

Therefore, the defendant was driving in the parking lot.

Even a motor vehicle is under the influence of alcohol level 0.177%.

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