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(영문) 청주지방법원 제천지원 2019.07.25 2019고단173

교통사고처리특례법위반(치상)등

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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. The defendant is a person who is engaged in driving service of a vehicle B-hurged from a vehicle in violation of the Act on Special Cases concerning Traffic Accident Settlement;

On May 14, 2019, at around 20:28, the Defendant was under the influence of alcohol with 0.23% of blood alcohol level, and the Defendant was proceeding in front of the entrance of the Incheon C and D apartment complex in the direction of Empt from the direction of the audience.

In such cases, a person engaged in driving of a vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering room and steering system and accurately.

Nevertheless, the Defendant neglected it due to negligence while under the influence of alcohol, and the part on the right side of the G Kawn vehicle driven by the victim F (the age of 40) was shocked by the left side of the G Kawn vehicle of the Defendant.

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. Around 20:28 on May 14, 2019, the Defendant driven a B-pubed vehicle from the 1km section to the place of the accident described in paragraph (1) at the I Party located near Hacheon-si in the state of alcohol alcohol concentration of 0.23%.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A report on the occurrence of a traffic accident, an accident site photograph, and an actual condition survey report;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Notification of the results of drinking control;

1. A medical certificate;

1. Request for access to CCTV for crime prevention, and photograph ofCCTV for crime prevention (fafags);

1. Application of Acts and subordinate statutes to accident video CDs and investigation reports (CCTV video viewing);

1. Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 148-2(2)1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018 and enforced June 25, 2019), respectively.