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(영문) 전주지방법원 2017.05.02 2017고정6
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a driver of CMW car.

1. On September 12, 2016, the Defendant driven the above vehicle at around 02:55 on September 12, 2016, and led to the turn to the left at the right from the edge of the Yansan-gu, Chungcheongnam-gu to the peace-dong.

The location is a three-distance intersection where traffic is controlled by signal lights, and in such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by accurately operating the front section and the left and right, operating the steering direction and the brake system, observing the signal.

Nevertheless, the Defendant neglected this and neglected to keep the right and the right and the right and the right and the left-hand turn in violation of the signal while under the influence of 0.132% of alcohol during blood, and received the front part of the Defendant’s drive BMW car in front of the left-hand side of the victim D (W, 60 years old) driving on the part of the victim D(W, f0 years old) driving in accordance with normal signals to the private distance from the eth of the eth of the eth of the victim D(W) driving.

As a result, the Defendant suffered injury to the victim, such as brain salvin, which requires approximately two weeks of medical treatment due to the above occupational negligence.

2. The Defendant 1 driven the said BMF car under the influence of alcohol concentration of 0.132% in blood alcohol level from approximately 5 km section from the 5km section to the west-gu west-gu, Seog-gu, Jeondong-gu, Seogdong-gu, Seogdong-gu, Jeondong-si, Handong-gu, Handong-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement under the circumstances of driving at home;

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

1. A traffic accident report;

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

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

1. The aggravated Criminal Act for concurrent crimes.

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