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(영문) 수원지방법원 2018.05.10 2017고정3172
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

The Defendant is a person who drives B rocketing vehicles.

On September 22, 2017, the Defendant driven the above vehicle while under the influence of alcohol level of 0.168% among the blood transfusion around 02:20 on September 22, 2017, and led to three-lanes between the three-lane intersections in front of the Samsung-gu Seoul Samsung-gu Interntainment Center in Gyeonggi-do, Samsung-gu, Samsung-gu, Seoul, to go straight from the north-west side of the death.

In this case, the driver of a motor vehicle has a duty of care to properly see the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care to prevent the accident.

In this regard, the defendant, as the negligence of neglecting sobrith and proceeding as above, led the part of the back part of the victim C (T, South and 48 years old) driving D's back part of the above-mentioned vehicle to the front part of the driver's vehicle in front of the above-mentioned vehicle, and led the f's back part of the victim E (T, South and 54 years old) driving in front of that vehicle to blick the second part of the driver's vehicle in front of that vehicle.

Ultimately, the Defendant caused the victim C to suffer bodily injury such as salt, tensions, etc. in the cirical field requiring approximately two weeks of treatment by occupational negligence, and the victim E suffered bodily injury, such as catum salt, etc. in the cirical field requiring approximately two weeks of treatment.

Summary of Evidence

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

1. Statement of the circumstances of the driver involved in driving;

1. A traffic accident occurrence report;

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

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

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the provisions between the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims with heavier criminal standing are stipulated.

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