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(영문) 대전지방법원 공주지원 2017.08.25 2017고단188
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Around 19:40 on April 9, 2017, while under the influence of alcohol content 0.185% in blood, the Defendant driven a Rab car and proceeded to a lab-off screen on the front of the bank located in the Round 1-ro in the official city, along with the road located in front of the bank in front of the Hab-ro at the official city. As above, the Defendant did not properly look at the front side of the drunk while under the influence of alcohol and operated the brake and steering gear in an inaccurate manner on the road, and caused the injury to the victim during the pertinent Rab-tro of the victim C (n, 51 years old) who was stopped to turn to the left on the road. In order to turn to the left, the Defendant took the back part of the Rab-tro of the Rab-o car in front of the Rab-car and sustained the injury to the victim during the pertinent Rab-ro 2 years old.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of C and E;

1. To entrust an investigation, report a traffic accident (1) (1), report a statement of the circumstances of the driver of a vehicle driving, inquire of the results of crackdown on the driving of drinking, notify the results of crackdown on the driving of drinking, and report and handle the report of 112;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment by causing a traffic accident while driving alcohol.

However, it shall be selected by a fine in consideration of the fact that the defendant is led, is in depth and reflected, the degree of injury of the victims is not severe, and the victims have agreed with the victims.

The defendant's age, sex, occupation, family environment, and family environment.

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