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(영문) 춘천지방법원 2018.02.06 2017고단1329

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Cunst Freight Vehicles.

1. On October 29, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven by an above cargo vehicle and driven at around 15:26, while under the influence of alcohol content 0.09% in the blood, and led to the road 542 tin-ro at a speed not to be known to the 1st parallel of knowledge on the right side of the rear-west.

At that time, there was a duty of care to maintain and safely drive the distance from the front vehicle by accurately operating the steering direction and brake system.

Nevertheless, the Defendant’s negligence in driving without securing the safety distance under the influence of alcohol without fulfilling the above duty of care, and caused the part of the back part of the E-Sanon cab vehicle driven by the victim D (57 S) who was parked in a stop for the signal waiting in front of the passage, with the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to the above occupational negligence.

2. Defendant 1 driven the above cargo at a section of about 5 km from the front of the Sejong apartment 408, which is located in the Sejong-si Office 173, in the condition of alcohol concentration of 0.09% among the blood transfusions at the time specified in the above paragraph 1, to the roads located in about 5 km-ro 542 meters after the same hour.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. Notification of the result of crackdown on driving alcohol;

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

1. Relevant Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2(2)3 and 44(1) of the Road Traffic Act, and the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.