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(영문) 창원지방법원 밀양지원 2020.01.07 2019고단415

교통사고처리특례법위반(치상)등

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Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

1. On August 15, 2019, the Defendant driven the said vehicle while under the influence of alcohol content of about 0.146% from the section of about 50km to the highway located in the central highway in Suwon-si, Daegu-do, the central highway located in Suwon-si, Busan-gu, Busan-do, to the highway located in the 32km-do.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was driving the said vehicle while under the influence of alcohol as stated in paragraph (1) at the time limit set forth in paragraph (1) and driving the two-lanes of the Central Highway 32 km away from Busan to Daegu at the end of 32 km. The Defendant changed the course to the one-lane.

At the time, since the surface was milched due to the unloading of rain, there was a duty of care to prevent accidents by safely changing the car line by making it possible for a person engaged in driving service to live well in the traffic conditions on the front side and the right side, and reducing the speed of the car.

Nevertheless, under the influence of alcohol, the Defendant, while driving a vehicle at a speed of about 100 km per hour without reducing the speed of the vehicle and driving a vehicle at a speed of about 100 km, caused by a sudden change of the vehicle’s lane to brooms on the right side, got off the brooms on the right side, and was driven by the victim D (the age of 26) who was driving in the same direction as that of the Defendant’s vehicle located in the same direction at the front side of the vehicle.

As a result, the Defendant suffered from the injury to the victim F (the age of 27) who was on board the said victim D and the damaged vehicle due to the foregoing occupational negligence, such as salt, tensions, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of a traffic accident;

1. A traffic accident report, a survey report on the actual condition at the scene of a traffic accident, and a drinking driver;