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(영문) 의정부지방법원 2020.05.08 2019고단5769

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

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 a two-wheeled vehicle B 249cc.

On December 13, 2019, at around 06:10 on December 13, 2019, the Defendant driven the said two-wheeled vehicle with a blood alcohol concentration of 0.075% without a driver’s license, and tried to turn to the left at about 30 km at the speed of 10 km from the surface of the E Hospital, the roads in front of the D Zone C in both weeks, from the surface of the E Hospital, without a driver’s license.

Where intending to make a left-hand turn at the intersection where he/she was an intersection, he/she shall proceed safely in the right direction by checking the front and rear left-hand turn well.

Nevertheless, the Defendant, while under the influence of alcohol, led to a narrow left-hand turn due to the negligence of entering the road, led the centralized separation zone of the above two-wheeled vehicle to go beyond the floor of the victim F (ma, 24 years old) who is the passenger.

As a result, the Defendant suffered from the Defendant’s negligence in the course of performing the above duties for a approximately two-day period of therapy.

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) without a vehicle driver’s license as referred to in paragraph (1) of this Article, the Defendant driven B 249c two-wheeled vehicles with a blood alcohol concentration of about 0.075% at a section of about 300 meters from the front of G H to the front of the D Zone located in C at Yangju City without a vehicle driver’s license as referred to in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. The actual condition survey report;

1. License inquiry;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Relevant provisions of Article 148-2 (3) 3, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 3 (1), the proviso to Article 3 (2) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime of running under the Road Traffic Act).