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(영문) 광주지방법원 순천지원 2017.08.10 2017고단815
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Switzerland car.

On April 10, 2017, the Defendant driven the said car under the influence of alcohol level of 0.148% among blood transfusions on April 10, 2017, and driven the said car at a speed of 0.148%, and driven the three-lane road in front of D, which is in C at the time of leisure, at the speed of the parallel distance from the center side of the road at an insular speed.

At the time, there were nights, and there were other vehicles, so that the driver engaged in driving of the motor vehicle had a duty of care to safely operate the steering system by accurately operating the steering and steering gear.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and did not look at the surrounding areas, and did so by negligence, and did so to the left-hand side of the said car and the front penter, thereby having received the right-hand side of the victim E-driving FK5 si and the front penter side.

Ultimately, the Defendant suffered injury to the victim G, who was the passenger of the victim E and the si in the above taxi due to the foregoing occupational negligence, such as scopical salt, etc. requiring approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. On-site evidence and photographs;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The victims of the reason for sentencing under Article 334(1) of the Criminal Procedure Act did not want the Defendant’s punishment, and the traffic accident was not significant.

The drinking volume of this case, the defendant's like power (one time a fine for drinking driving), etc.

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