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(영문) 수원지방법원 성남지원 2020.06.17 2019고단2534
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B M& car.

On September 16, 2019, at around 00:43, the Defendant driven the said car with a blood alcohol concentration of 0.12% 0.12%, and was parked in the lower-class parking lot of the Ddong Building C in Gwangju City, and was parked in the lower-class room due to occupational negligence due to which the victim E (the age of 31) was under the influence of alcohol and was parked in the lower-class left-hand part of the lower-hand part of the Ethz car.

Ultimately, the Defendant suffered injury, such as salt, tension, etc., from the victim E and the victim G (the age of 33) who was aboard the said victim’s vehicle due to the foregoing occupational negligence, for approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E, and the written statement of traffic accident-related persons prepared by E;

1. A traffic accident report, a report on the occurrence of a traffic accident, a field photograph (No. 3), a black stuff image photograph, a black stuff, a CD, a field photograph (No. 19)

1. Application of Acts and subordinate statutes to notification of the results of the control of drinking driving, report on the circumstances of drinking drivers, and investigation report (report on the circumstances of drinking drivers);

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

1. Selection of punishment under Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (trades in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E and Victims G): Selection of each fine;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant has no same record as drinking driving, and the defendant has paid a drinking exemption exemption to an insurance company, thereby causing damage to the victims.

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