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(영문) 창원지방법원 2016.08.26 2016고단300
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 a car Ci30.

On November 22, 2015, the Defendant driven the foregoing vehicle while under the influence of alcohol content of 0.109% during blood transfusions, and driven the front road D in the window of Changwon-si, Changwon-si toward the rear door of Goul apartment.

In such a case, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where it is difficult to drive the motor vehicle normally due to influence of alcohol, and even though he/she has an occupational duty to safely drive the motor vehicle in accordance with the traffic signals and prevent the accident in advance, he/she neglected this duty and neglected his/her duty of care while driving the motor vehicle in front of the motor vehicle, and due to negligence on the part of the victim F.F. (53 years old) who is proceeding from the middle school on the right side of the motor vehicle in the middle school on the right side of the motor vehicle in which he/she is under the influence of alcohol, he/she

As a result, the Defendant suffered from the victim H (V, 49 years old) who was accompanied by the above F and the damaged vehicle due to the above occupational negligence, each of about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and on-site photographs;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Application of Acts and subordinate statutes (F);

1. Relevant provisions of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the driving of selective drinking of punishment: Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents: 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;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between violations of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Selection of each alternative fine for punishment;

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. The defendant is under the influence of alcohol for the reasons for sentencing of Articles 70 and 69(2) of the Criminal Act with the detention of a workhouse.

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