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(영문) 수원지방법원 안산지원 2016.09.30 2016고정1014
교통사고처리특례법위반등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a motor vehicle of lurged B.

피고인은 2016. 5. 10. 08:15 경 혈 중 알콜 농도 0.144% 의 술에 취한 상태로 위 차를 운전하여 안산시 단원 구 신길동에 있는 이 마트 트레이 더스 앞 편도 5 차로 중 2 차로를 안산 역 방면에서 샛 뿔 삼거리 방면으로 진행하게 되었다.

At the time, the driver had a duty of care to maintain the sufficient distance from the vehicle in front and drive safely, because it was difficult to drive the road at the time due to the cost, and the motor vehicle was congested.

Nevertheless, the Defendant neglected to drive the vehicle by negligence before driving the vehicle due to the victim C(44 years old)'s failure, which was driven by the vehicle of the victim C(44 years old), and shocked into the front part of the vehicle that the Defendant driven.

As a result, the defendant suffered injury to the above victim by negligence in the course of performing his duties, such as fluoral salt, which requires approximately two weeks of treatment.

2. On May 10, 2016, the Defendant was driving a motor vehicle with alcohol content of about 0.144% in a section of about 5km from May 10, 201 to the 601-20 Et-ray in the same city members old-gu, Ansan-si, Annsan-si, Annsan-si on May 10, 201, while under the influence of alcohol content of the blood while driving a motor vehicle with alcohol content of about 0.14%.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. References to appraisal, investigation report (specific details of the application of blood appraisal numerical value and sound values);

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

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 by the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2(2)2 and 44(1) of the Road Traffic Act, and the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (the maximum and minimum limits shall be the maximum and the maximum limits shall be the crime of violating the Road Traffic Act) of the aggravated concurrent crimes;

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