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(영문) 전주지방법원 남원지원 2020.03.31 2020고단22

교통사고처리특례법위반(치상)등

Text

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. Around 13:00 on December 27, 2019, the Defendant driven a F Vietnam New Car owned by the Defendant under the influence of alcohol alcohol concentration of 0.064% from the 60km section to the front road of “E” located in the “C” factory located in the B of the Jeonbuk-gun of North Korea to the “E” road located in the Jeonbuk-gun of the Jeonbuk-gun.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving a FV New Car.

Around 13:00 on December 27, 2019, the Defendant driving the said car, and driving the two-lane road in front of the “E” in the “E” in the “Empick Eup” located in the “Empick-gun,” thereby driving directly from drinking conditions to a single lane depending on drinking conditions, as described in paragraph (1).

Defendant

Since three-distance crossings are installed at the front of the driving direction and the signal apparatus was operated, there was a duty of care to observe signal according to signal apparatus and to prevent accidents by accurately operating steering devices and brakes.

Nevertheless, the Defendant, while under the influence of alcohol, failed to accurately operate the brake system, led to the failure of the Defendant to wait for signals in accordance with red traffic signals at the front direction of the running direction, and brought down the back part of the victim G (ma, 78 years old) driving or the back part of the car, which was stopped, with the front part of the car on the driving of the Defendant.

Ultimately, the Defendant caused the victim to suffer injury, such as salt, tension, etc. in need of treatment for about two weeks by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. The actual condition survey report;

1. Notification of the control results of drinking driving and investigation report (report on the circumstances of drinking drivers);

1. A medical certificate;

1. Application of statutes on site photographs;

1. Relevant Article of the Act and Articles 148-2 (3) 3 and 44 (1) of the Road Traffic Act, the occupation of driving under the influence of alcohol and fines for criminal facts and the choice of punishment;