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(영문) 제주지방법원 2015.07.20 2015고정554
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. Around April 20:32, 2015, the Defendant was driving a fwing truck under the influence of alcohol with a blood alcohol concentration of 0.154% at a section of about 70 meters from the street in front of the D Child Care Center in Seopoposi C to the street of E.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a F-wing and freight vehicle.

On April 1, 2015, at around 20:32, the Defendant driven the said car under the influence of alcohol as described in Paragraph 1, and led to the Defendant’s driving of the said car on the roads near Seopo-si E, Seopo-si, to the Schlage-gu.

At the time of night, it was difficult to secure the night, so there was a duty of care to prevent accidents in advance by safe driving by reducing speed for those engaged in driving of a motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was on the victim G (the 22 years old)'s right chest and left bridge on the right side side of the running direction with the top panion of the cargo vehicle and the part on the right side of the cargo vehicle driven by the Defendant.

As a result, the Defendant suffered injury to the victim, such as a satisfe, which requires approximately three weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, accident site, and vehicle photograph;

1. Notification of the control results of drinking driving, and a report on the situation of drinking driving;

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

1. Relevant provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment: Article 3 (1), the proviso of Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of a sound driving).

1. Concurrent Crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act;

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