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(영문) 부산지방법원 동부지원 2019.03.21 2018고단2396

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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a passenger car with B low-speed car;

On August 5, 2018, at around 23:00, the Defendant driven the said car under the influence of alcohol with 0.118% of alcohol concentration 0.18%, and led the intersection of the said car in front of the D convenience point located in Busan Shipping Daegu C, to turn to the left from the direction of the F building from the direction of the E elementary school to turn to the left at an infic speed.

At the time, there are nights, and there are other vehicles using a three-distance intersection, so in such a case, there was a duty of care to look at 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 prevent accidents in advance by accurately manipulating the steering system.

Nevertheless, the Defendant neglected this and failed to properly operate the steering gear while under the influence of alcohol, and the Defendant was driven by the victim G(66 years of age) who was under the influence of driving the vehicle in the direction of the left-hand side of the said vehicle while driving by the Defendant, with the front-hand part of the HK5 car driving by the Defendant.

After all, the Defendant suffered injury to the victim due to the above occupational negligence during the two-day period of medical treatment.

2. On August 5, 2018, the Defendant was under the influence of alcohol on the blood alcohol level of 0.118% on August 23:10, 2018, and the place referred to in the preceding paragraph was passed from the first day of the Busan Shipping Daegu International Apartment to the first day of the said I Apartment, and again drive a vehicle with the highest of the preceding paragraph at about 3km from the 3km section to the said I Apartment.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement on the occurrence of traffic accidents in G preparation;

1. Application of Acts and subordinate statutes to the Act and subordinate statutes as the circumstantial statement statement of a host driver, each investigation report (a circumstantial report of a host driver and a medical certificate attached), and the actual condition survey report;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment for Criminal Facts;