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(영문) 수원지방법원안산지원 2020.11.12 2020고정936

도로교통법위반(음주운전)등

Text

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

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

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 driver of the Category B car.

On July 12, 2020, the Defendant driven the above vehicle while under the influence of alcohol of 0.060% of blood alcohol concentration on July 20, 2020, and led to a two-lane of 695 Don-ro to the water-hang reservoir sloped from the erode of the eropo-don-ro of 695.

A person engaged in driving of a motor vehicle has a duty of care not to change course when he/she intends to change course to another person who is engaged in driving a motor vehicle, and when it is likely to cause harm to normal traffic of other motor vehicles, he/she has a duty of care.

Nevertheless, the Defendant neglected this and neglected to change the course from a two-lane to a two-lane, and led the victim C (Nam, 28 years old) driving to the right side of the vehicle of the Defendant, a part of the driver's seat next to the driver's seat of the victim C(C, South and 28 years old) driving.

After all, the Defendant suffered, by its occupational negligence, the injury of salt, tensions, etc. in need of treatment for about three weeks to the above victim C and E (V, 54 years old) who is the passenger of the victimized vehicle, and the injury to the victim F (V, 32 years old), and the victim G (V, 26 years old), such as chills and tensions that require approximately two weeks of treatment.

2. On the date and time set forth in paragraph (1), the Defendant driven the said vehicle at a section of about 10 km from the front road of Heung-si to the first road of I in the City of Heung-si while under the influence of alcohol content of 0.060%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Damage, taking photographs, an appraisal report, and a report on the detection of the driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2(3)3 of the Road Traffic Act, and Article 148-2(3)3 of the Road Traffic Act, the selection of each fine.