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(영문) 수원지방법원 평택지원 2020.02.13 2019고단1793

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

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a passenger car in the B SP land.

On October 15, 2019, at around 07:40, the Defendant driven the above vehicle while under the influence of alcohol of 0.080% of alcohol concentration, and led to the two-lane roads of the two-lanes in front of the reservoir at Pyeongtaek-si East-dong, Pyeongtaek-si along the court distance, along the two-lanes from the court distance to the C apartment.

At that time, the Defendant, prior to the same direction, was followed by E E E-coo vehicle driven by the victim D (Nam, 57 years old). In such a case, there was a duty of care to ensure safety distance by making sure that the person engaged in driving service is well aware of the situation and lowering the speed.

Nevertheless, due to the negligence that the Defendant neglected to drive while driving, the Defendant received the rear part of the above Ecoos car in the front section of the vehicle at the front section as the Defendant’s vehicle, and caused the Fcoos car in the front section to shock up with the Fcoos car in the front section while keeping the above Ecoos car in front.

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

2. Around 07:40 on October 15, 2019, the Defendant driven a vehicle in the stimul concerned while under the influence of alcohol of about 1km from a section of approximately 0.080% of blood alcohol concentration to the front road of the reservoir at the same time from the front of the building in Pyeongtaek-si to the same speed-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Notification of the results of crackdown on drinking driving and report on traffic accidents;

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

1. Relevant provisions of Article 148-2 (3) 2, and Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 3 (1), the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of fines for crimes;

1. Aggravation for concurrent crimes;