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(영문) 대구지방법원 의성지원 2018.02.22 2017고단322

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On February 9, 2007, the Defendant was sentenced to a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) at the Seoul East District Court on February 9, 2007, and was sentenced to a fine of KRW 2,50,000 for the same crime, etc. on August 19, 2010.

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving of Cknife vehicles.

On November 05, 2017, the Defendant driven the above passenger cars with alcohol content of 0.121% in the influence of alcohol during the blood transfusion around 14:45 on November 14, 2017, and continued the national highways of 3307-55 and 31 on the Cheongju-gun, Cheongju-gun, Chungcheongnam-gun, Chungcheongnam-do.

At this point, there is a center line of yellow solid lines, so in such a case, there was a duty of care to properly manipulate the steering gear and brake system to the person engaged in driving of the motor vehicle so that it does not exceed the central line.

Nevertheless, the Defendant neglected this and went beyond the center line as it was under the influence of alcohol, and caused the victim D (68 tax) to proceed normally in the opposite lane of the Defendant’s vehicle in the opposite direction of the Defendant’s driver’s license, with the front side of the left side of the Defendant’s driver’s license, shocked with the front side of the Defendant’s driver’s license.

Ultimately, the Defendant caused the victim F by negligence in the course of performing the above duties the injury to the victim F, such as salt dye, brain sale, etc. in need of approximately two weeks of care, the injury to the victim G (V, 63 years of age) who is the fye of the damaged vehicle, and the injury to the fyeum dye, etc. in need of approximately two weeks of treatment, the injury to the fyeum dye, etc. in need of approximately two weeks of treatment to the victim H (10 years of age), and the injury to the victim I (8 years of age) in need of approximately one week of treatment to the victim I (8 years of age).

2. The Defendant is under the influence of alcohol level of 0.121% in blood in the area of about 4 km from the village to the place where the instant accident occurred at the time and time specified in paragraph (1).