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(영문) 수원지방법원 안산지원 2017.07.18 2017고단1682
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of 4.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving service of BCA 110 Obama, against the Act on Special Cases concerning the Settlement of Traffic Accidents.

On May 8, 2017, the Defendant driven the above Orala while under the influence of alcohol level of 0.171% from blood transfusion around 01:30 on May 8, 2017, and driven the above Oralab and driven the front road of Ansan-si, Ansan-si, the Defendant driven the Oral apartment from the uppermost water level to the friendly apartment.

At the time, they were nights, and they were cross-sections where signal lights are installed, so they had a duty of care to live well on the right and the right of the front and the right of the driver and to drive safely in accordance with the new code.

Nevertheless, the Defendant neglected this and received the front part of the victim D's rocketing taxi driving, which was in progress from the right side of the Defendant's proceeding to the left side under normal signals due to the negligence of violating the signal under the influence of alcohol as above, in front of the Defendant's right side.

Ultimately, the Defendant suffered injury to the above victim by occupational negligence, such as fluoral salt, which requires approximately two weeks of medical treatment.

2. 도로 교통법위반( 음주 운전) 피고인은 2017. 5. 8. 01:30 경 안산시 상록 구 이동에 있는 ‘ 뚱이 치킨’ 앞 도로에서부터 같은 구 C 앞 도로에 이르기까지 약 500m 구간에서 혈 중 알코올 농도 0.171% 의 술에 취한 상태로 B CA110 오토바이를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A medical certificate;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the actual investigation report on traffic accidents;

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

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the aggregate of the amounts of the above two crimes) shall be aggravated for concurrent crimes;

1. Article 70 of the Criminal Act to attract a workhouse.

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