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(영문) 춘천지방법원 강릉지원 2017.01.20 2017고정2
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of three million won.

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who drives a passenger car in B Spo-type.

On August 3, 2016, the defendant operated the above vehicle on the front road of the Central Voluntary Crime Prevention Guards in the parking lot with 270 South Yung-si, Gangseo-si, 2016.

A person engaged in driving of a vehicle has a duty of care to safely operate the steering system by properly operating the front, rear, and left and right while driving the vehicle.

Nevertheless, the Defendant, while neglecting the alcohol level of 0.187% in blood, caused injury to the driver C (35 years) of the damaged vehicle due to the shock of the left-hand side of the damaged vehicle due to the negligence that he was operated by neglecting it while under the influence of alcohol level of 0.187%, and due to the shock of the upper-hand side of the damaged vehicle.

2. The Defendant, at the same time and at the above place, driven a vehicle of approximately 50cm in alcohol level B while under the influence of alcohol level 0.187 percent (Measurement) in the blood at the same time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Reporting on the occurrence of a traffic accident, a survey report on actual condition, notification of the results of crackdown on drinking driving, and a circumstantial report on the driver of a mainly placed driving;

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

1. Violation of the relevant provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury): Article 3 (1) and the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act: Violation of the Traffic Acts by the Supreme Court Decision 268: Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Act on Special Cases concerning the Settlement of Traffic Accidents (the maximum amount of two crimes as indicated in the judgment shall be increased by concurrent crimes resulting from a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, in which punishment is more severe within the scope aggregated with the maximum amount of each crime as stated in the judgment, but the minimum sentence of the punishment shall be determined as the crime of violating

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