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(영문) 서울동부지방법원 2016.02.11 2016고단35
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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 Bchip car.

On November 28, 2015, the Defendant driven the said car under the influence of alcohol content of 0.098% among blood transfusions on November 28, 2015, while driving the said car, and driving the main road of 73 Dong-dong, Seongdong-gu, Seoul Metropolitan Government along the one-lane between the 4-lanes of the military and the 4-lanes of the flow of the main road.

In this case, there was a duty of care to prevent accidents by operating a direction in advance to a person engaged in driving of a motor vehicle, giving prior notice of change of course, and changing a lane safely by safely examining the traffic situation at the right and right.

Nevertheless, the Defendant neglected this and took part of the part of the back part of the D-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed Wed-Wed-Wed Wed-Wed-Wed Led Wed-Wed-Wed Wed-Wed

Ultimately, the Defendant caused the above victim by negligence in the course of performing the above duties to suffer bodily injury, such as fluoral salt, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on traffic accidents and a survey report on actual condition;

1. A report on the detection of a primary driver;

1. A medical certificate;

1. Application of each statute on photographs;

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

1. Selection of a selective fine for punishment (which reflects the error in depth, the degree of injury is relatively minor, the vehicle is covered by a comprehensive insurance, the primary crime without any criminal history, and all other factors of sentencing under Article 51 of the Criminal Act, such as the age, sexual behavior, environment, etc. of the defendant);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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