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(영문) 부산지방법원 동부지원 2017.01.24 2016고단2487
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving vehicle C.

1. On May 30, 2016, the Defendant driven the said vehicle at a section of about 200 meters from the 200-meter radius to the 77-lane south of the same Eup/Myeon in front of the relevant hospital in consideration of the situation where the Defendant was under the influence of alcohol level of 0.074% among blood transfusions.

2. The Defendant, while driving the above vehicle at the time, at a place under the preceding paragraph, has a duty of care to accurately operate the front section and the right and the right and the right, but due to negligence, caused the victim D (76) head, etc. of a pedestrian crossing the left-hand side of the running direction without permission from the driving direction to the left-hand side of the above vehicle by shocking the victim's head, etc. of the victim D (76 tax) into the front part of the front part of the above vehicle, which requires about eight weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of traffic accidents under DNA preparation;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows, and the Defendant’s age, sex, environment, circumstances leading the Defendant to each of the instant offenses, circumstances before and after the instant crime is committed, and other various sentencing conditions specified in Article 51 of the Criminal Act, such as the circumstances before and after the instant crime, shall be determined as ordered by the court.

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