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(영문) 수원지방법원 2019.02.14 2018고정1967

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 4,500,000.

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

Reasons

Punishment of the crime

1. On September 15, 2018, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) driven a BSS5 car under the influence of alcohol concentration of 0.184% at around 06:10 on September 15, 2018, and operated it from the street in front of the Tong-gu, Suwon-gu, Suwon-si, to the street in front of the Suwon-si, Suwon-si.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to prevent accidents by safely driving such as reporting the traffic situation well, accurately manipulating the steering gear, etc.

Nevertheless, the Defendant neglected to do so and shocked the front part of the Defendant’s vehicle back to the front part of the F Route bus vehicle operated by E, which was driven by the direction of the court distance from the shot street.

As a result, the defendant suffered injury to the victim G of the bus by negligence in the course of performing his duties for about three weeks in need of medical treatment.

2. Around 06:10 on September 15, 2018, the Defendant driven BM5 vehicle under the influence of alcohol concentration of approximately 800 meters from the uppermost of the Tong-gu, Suwon-si to the frontmost of the Tong-gu, Suwon-si, Suwon-si, to D in the Youngwon-si, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of E and G preparation;

1. The circumstantial statement of the employee;

1. A medical certificate;

1. Application of video Acts and subordinate statutes of black boxes;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is a fine.