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(영문) 창원지방법원 2018.12.20 2018고단2926

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

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

On September 14, 2018, the Defendant driven the said car under the influence of alcohol content of 0.132% among blood transfusions on September 14, 2018, and driven the road inside the tunnel, which is located in the Sungsan-gu, Sungsan-si, Changwon-si, Changwon-si, along two-lanes from the boundary of the Changwon-si, Seogsan-si, Kimhae-si, the parallel of alcohol content.

In this case, the driver has a duty of care to safely operate the steering system by accurately operating the steering wheel and steering system.

Nevertheless, under the influence of alcohol, the Defendant got a part of the front part of the Defendant’s vehicle in front of the Defendant’s vehicle, which was driven in the same direction as the front part of the Defendant’s vehicle, following the Di 30 CW vehicle driven in the same direction as the front part of the Defendant’s vehicle. The Defendant continued to drive the Fra vehicle in front of the said vehicle, and received the part of the Defendant’s vehicle behind the Defendant’s vehicle behind the Fra vehicle driven in front of the said vehicle E (V, 27 years old).

As a result, the Defendant suffered from the above occupational negligence to the victim C the injury of saves, tensions, etc., which requires approximately two weeks of medical treatment, and the Defendant suffered from the victim E, as well as the saves saves strawle, etc., which require approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident in C and E;

1. A traffic accident report;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. A report on internal investigation (Attachment to a written diagnosis by two victims);

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)2 and Article 44(1) of the Road Traffic Act concerning criminal facts;

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

1. Selection of each alternative fine for punishment;

1. Article 37 of the Aggravation of Concurrent Crimes Act.