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(영문) 대구지방법원 김천지원 2020.07.22 2020고단243

교통사고처리특례법위반(치상)등

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Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. Around 18:30 on January 27, 2020, the Defendant driven an Eco-sports cargo vehicle with a blood alcohol concentration of about 0.094% from the section of about 7km from the section of around 0.094m to the front road located in the Gyeong-si, Chungcheongnam-si, Seoul.

2. The defendant is a person who is engaged in driving of the foregoing cargo vehicle.

The Defendant, while under the influence of alcohol as above, driven the above cargo vehicle and proceeded with the front of the above D along the three-lanes of the Feng Square, from the surface of the Square Square Square and Square.

At the time, since other vehicles are stopped on the front side of the cargo vehicle of the defendant, there was a duty of care to prevent accidents by safely manipulating the front side and left side of the direction of the operation to the driver, and by safely manipulating the steering direction and brakes.

Nevertheless, while under the influence of alcohol, the Defendant was negligent in neglecting this, and the part of the victim G (the 56-year-old driver) who was stopping at the front line of the Defendant’s cargo vehicle was placed in the front line of the Defendant’s cargo vehicle with the lower part of the Victim G (the 56-year-old driver).

As a result, the Defendant suffered injury to the victim, such as sugars with no wife in two opens, which require approximately two weeks of medical treatment, due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. On-site photographs and on-site survey reports;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act, and the selection of fines;

1. The Criminal Act among concurrent crimes.