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(영문) 수원지방법원 성남지원 2020.07.21 2020고단619

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of 12,000,000 won.

When the defendant fails to pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. 교통사고처리특례법위반(치상) 피고인은 B 포르테쿱 승용차를 운전하는 업무에 종사하는 사람이다.

On January 24, 2020, at around 00:25, the Defendant driven the said car while under the influence of alcohol of 0.178% with alcohol concentration of 0.178%, and turned back at a speed below the speed prior to the stop of exit in the first floor parking lot on the ground of the 1st floor public parking lot in Sungnam-gu, Sungnam-si.

In such a case, a person engaged in driving service is prohibited from driving under the influence of alcohol, and when he/she is in a narrow parking lot, he/she has a duty of care to accurately operate the steering gear, steering gear and other devices.

Nevertheless, the Defendant neglected to do so and retoxiced by negligence while under the influence of alcohol and shocked the part on the front part of the car of the DNA U.S. passenger vehicle driven by the victim C (ma, 33 years old) who is under the influence of the aftermathing.

As a result, the Defendant suffered injury, such as salt, tension, etc., in need of treatment for about two weeks by occupational negligence as above, to the victim.

2. 도로교통법위반(음주운전) 피고인은 2020. 1. 24. 00:25경 성남시분당구 백현동 539 판교공영주차장 내 지상 5층에서 같은 주차장 지상 1층까지 약 50m 구간에서 혈중알콜농도 0.178%의 술에 취한 상태로 B 포르테쿱 승용차를 운전하였다.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, investigation report on the actual condition of the police interrogation protocol against C, the report on the state of the drinking driver, the notification of the results of the drinking-driving control, the drinking control register, on-site photographs, licenses, teas, insurance inquiry, medical certificate, and report on internal death to C;

1. Article 3 (1), the proviso to Article 3 (2) and 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to Criminal Facts, Article 268 of the Criminal Act, and Article 268 of the Criminal Act;