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(영문) 광주지방법원 2018.05.03 2018고단909
교통사고처리특례법위반(치상)등
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

On March 1, 2018, while under the influence of alcohol level 0.128% from blood alcohol level, the Defendant driven a low-speed passenger vehicle at around 22:05, and led the D Hospital located in Gwangju Mine-gu C to a long-distance shooting range from the upstream of the upper village. Since at night and at the same time, the center line of the yellow yellow cell line has been installed, the Defendant neglected the central line while neglecting the duty of care to care to safely drive the e (36 years old) with the upper part of the front part of the mother-learning passenger vehicle driven by the victim E (36 years old) while neglecting the duty of care to safely drive the vehicle. The Defendant suffered injury, such as the brain dust that requires approximately 2 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Statement of the circumstances of the driver involved in driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes to each photograph (the list Nos. 5, 12, 13)

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

1. Selection of each alternative fine for punishment;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the maximum amount of punishment for each of the above crimes: Provided, That the minimum amount of the punishment specified for any violation of traffic Acts shall be set at the lower limit) of the aggravated concurrent crimes;

1. Taking into account all the circumstances, such as the fact that the defendant's mistake is recognized for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act, the fact that the defendant has no record of criminal punishment, the degree of damage caused by the instant accident, the degree of alcohol concentration in blood, etc.

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