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(영문) 창원지방법원 밀양지원 2019.01.31 2018고단550

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On October 22, 2018, the Defendant driving a F Spart-type car under the influence of alcohol content of about 0.147% at the 1km section from the “C parking lot” to the front road located in D from around 23:37 at around 23:37, 2018.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a car in F Spart area.

On October 22, 2018, at around 23:37, the Defendant driven the said vehicle under the influence of alcohol, and driven the said vehicle at a speed of about 70 km per hour from the surface of the original road to the surface of the front side of the “E” in the Don-gun D, Sin-gun, Sin-Gun.

At the time, the victim G (56 years of age) was driving Hone Star and changed from the two-lanes to the one-lanes of the above road and is proceeding before the defendant. In such a case, the driver had a duty of care to care in preventing accidents by properly operating the steering gear and operating the steering gear.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim G due to negligence while neglecting this, and the part of the back part of the said Lone Star car driven by the victim G was driven by the Defendant.

Ultimately, the Defendant by occupational negligence inflicted an injury on the victim G, such as “satise base and tension,” which requires approximately two weeks of medical treatment on the part of the victim G, and on the part of the victim I (V, 68 years of age) who is the passenger of the said Lone Star car driving by the victim G, the victim I (V, and the victim I (V, 68 years of age) with approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The driving under the influence of alcohol under Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;