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(영문) 수원지방법원 안산지원 2016.12.22 2016고단4094

교통사고처리특례법위반(치상)등

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Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. Around 06:00 on July 30, 2016, the Defendant driven a DMW car under the influence of alcohol leveling 0.113% of blood alcohol level from the 15km section of the Guro-gu Seoul Metropolitan Government from the front day of the Guro-gu Public Sports Center to the front day of the 328.9km-dong in Sinung-dong, Sinung-do, Sinung-do.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a DMW car.

On July 30, 2016, at around 06:00, the Defendant driven the said car while under the influence of alcohol as set forth in Paragraph 1, and driven the said car along the three-lane road in front of the 328.9km away from the Seoul bank, which is located in the Johnam-dong at Sinung-dong at Sinung-si.

It is an expressway and a lot of vehicles passing along, so in such a case, the driver of the vehicle has a duty of care to prevent accidents in advance by safely driving the vehicle by taking into account the front side and the right and the right and the right of the driver of the vehicle.

Nevertheless, the Defendant was negligent in driving the car under the influence of alcohol and received the back portion of the FST5 car driving by the injured party E (the age of 51) who was stopped in the front part of the right side of the car.

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the above victim, such as the abandonment of the original body required for treatment for about ten weeks on the left-hand side.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written diagnosis of E;

1. Traffic accident report (1) (2), report on the statement of the situation of a drinking driver, and the record book of measurement of drinking (2/23 pages of evidence);

1. Application of statutes on site photographs;

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