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(영문) 창원지방법원 2019.06.28 2019고단830

교통사고처리특례법위반(치상)등

Text

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

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a knife vehicle in Grandland in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act.

On December 28, 2018, at around 08:30, the Defendant driven the above line of alcohol with the alcohol concentration of 0.068%, and led to two-lanes of the two-lane road near the entrance and exit of the Changwon-si as the original window of the Changwon-si. The Defendant driven the above line of alcohol concentration of 0.068%, along the two-lanes of the training complex distance.

A person engaged in driving service has a duty of care to prevent accidents in advance by driving safely, such as making a well-brupt, accurately operating the steering gear and brakes, reducing the speed in advance, etc.

Nevertheless, the Defendant, while neglecting the influence of alcohol, was in the front part of the Defendant’s driver’s vehicle in front of the instant car by driving D liquid eth-sports cargo vehicle of the victim C (V, 56 years old) who was driving in the front of the instant vehicle due to negligence.

Ultimately, the Defendant suffered injury to the victim, such as salt and tensions that require approximately two weeks of medical treatment due to occupational negligence as above, and at the same time destroyed the above damaged vehicle to have approximately KRW 1,950,000 as repair cost.

2. The Defendant violated the Road Traffic Act (driving) driven a Grand City Kampon in the section of about 5km from the day near the play room in the West-dong of Changwon-si to the roads near the entrance of Samdong-dong Underground Road as the window of the same Gu, while under the influence of alcohol by 0.068% of the blood alcohol concentration as stated in the above paragraph (1) on the date and time.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition of traffic accidents;

1. Report on the statement of the state of drinking drivers, and written report on the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 3(1), proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts.