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(영문) 청주지방법원 2017.05.31 2017고정212
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of 3.5 million won.

If the defendant does not pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle B with low investment.

On March 8, 2017, the Defendant driven the said vehicle under the influence of alcohol level of 0.119% in alcohol level among blood transfusion 0.25, and driven the said vehicle on the two-lane road in the Cheongju-gu, Cheongju-si C in the direction of the Sinju-gu, Cheongju-si, and left the two-lane road in the direction of the Sinju-si, Cheongju-si, and caused the 80 kilometer to neglect the front bank and the Sinju-si, while driving the first two-lane by negligence, while neglecting the front bank and the Sinju-si, the Defendant shocked the part of the fump truck left side of the victim D (the south, 50 years old) who was straighted in the same direction at the same two-lane, with the front left side of the Defendant vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as saves, saves, saves, and saves, which require approximately two weeks of treatment.

Summary of Evidence

The application of Acts and subordinate statutes to report the occurrence of a traffic accident in the police statement protocol on the defendant's legal statement D, the actual investigation report, the notification of the results of the crackdown on the driving of on-site photographs, the report on the state driver's

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 According to the Selection of Punishment, Article 268 of the Criminal Act (the occupation of a person on duty and on duty due to the driving of a motor vehicle), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts, the selection of fines;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

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

4. Determination of a punishment shall be made in consideration of the fact that the defendant commits a mistake in the sentencing of Article 334 (1) of the Criminal Procedure Act in the order of provisional payment, the first offender, the fact that the defendant has agreed with the victim, the drinking volume of the defendant, etc.

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