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(영문) 수원지방법원 성남지원 2017.11.09 2017고단2299

교통사고처리특례법위반(치상)등

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

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

Reasons

Punishment of the crime

1. On July 20, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a Category B AD motor vehicle with alcohol concentration of 0.091% in alcohol during blood transfusion on July 20, 2017, and driven a three-lane road in front of the sperm dong in the Sungnam-gu Fungdong, Sungnam-si, with one-lane distance from the front edge of the sperm dong in the city of Sungnam-si.

At the same time, since it was at night, there was a cross-section, it was a duty to confirm whether there was a passenger waiting for the signal by checking well the front, and to prevent the accident by properly manipulating the brake system.

Nevertheless, the part behind the victim C's car waiting to turn to the left at the front side of the Defendant's car due to negligence, while neglecting the above duty of care as above, was shocked by the Defendant's Awurdi part prior to the Defendant's Awurdi vehicle.

Ultimately, the Defendant suffered from the injury of the victim C and the victim E, such as salt, tensions, etc. in need of approximately two weeks of treatment due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a vehicle set forth in paragraph 1 at a section of about 500 meters from the end of 64-7 minutes before the Geongnam-si Geongnam-dong Mamodong to the frontway of the same sperm, while under the influence of alcohol level of 0.091% during the day set forth in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. Reporting of a traffic accident (1) (2);

1. A report on the detection of a primary driver;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment (the accused's previous conviction);