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(영문) 창원지방법원 2019.02.15 2018고단3359

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

[criminal power] On December 3, 2007, the Defendant issued a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court on December 3, 2007, and on June 28, 2010, the Defendant was issued a summary order of KRW 2 million by the Changwon District Court on June 28, 201.

【Criminal Facts】

The defendant is a person who is engaged in driving a B-Wood vehicle.

1. On October 3, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a motor vehicle with the blood alcohol concentration of 0.075% at around 19:25, while driving the said a half-laned motor vehicle, the Defendant driven the said a half-laned motor vehicle with the blood alcohol concentration of 0.075%, and driven the front of the D Elementary School in the Kimhae-si C from the direction of the purchase distance of the Geumcheon Park Park.

In this case, a person engaged in driving service has a duty of care to properly see the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of operation

Nevertheless, due to the negligence that the Defendant neglected the front city and failed to accurately operate the operation of the operation system under the influence of alcohol, the Defendant prior to the same lane, and received the back portion of the FST5 vehicle driving under the influence of the Defendant’s driver’s vehicle E (n.e., 45 years old) driving at the speed above the speed limit.

As a result, the Defendant suffered injury to the victim through occupational negligence as above, such as saves and tensions in need of approximately two weeks of treatment.

2. The Defendant violated the Road Traffic Act (driving a sound driving) at the section of approximately 1 km from the vicinity of the “H” restaurant located in G in Kimhae-si to the front of the D elementary school located in Kimhae-si C, while under the influence of alcohol by 0.075% of the blood alcohol concentration at the time and time specified in the above paragraph (1).

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. The defendant's legal statement; 1.1.