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(영문) 수원지방법원 2018.02.06 2017고단7714

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Criminal facts

1. The Defendant is a person who is engaged in driving a motor vehicle with a lurged motor vehicle B in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On September 8, 2017, the Defendant driven the said car under the influence of alcohol level of 0.104% during blood transfusion around 20:00, while driving the said car at a 0.104%, and driven the road near the west-to-west 426 U.S. Industrial Complex in the direction of the system in the direction of letter from the direction of the system.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to observe the direction of front, rear, and left-hand and right-hand driving, and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant was negligent in driving while under the influence of alcohol and received telegraphs and street lights on the right side of the Defendant’s vehicle at the front of the vehicle.

Ultimately, the Defendant suffered injury to the victim C (V, 45 years of age) who was on board a passenger car steering by the Defendant due to the foregoing occupational negligence, due to the injury of the victim C, who was on board a passenger car driving by the Defendant, by an open two weeks requiring approximately eight weeks medical treatment.

2. Violation of the Road Traffic Act (driving) driving the said vehicle under the influence of alcohol 0.104% at the 4km section from the entrance to the location described in Paragraph 1 of the section, which is located on the west letter at the time of harmony.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition and a report on the detection of a driver engaged in driving;

1. On-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2(2)2 and 44(1) (the point of drinking) of the Road Act concerning criminal facts, Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of fines;

1. On the other hand, Article 37 (former part), Article 38 (1) 2, and Article 50 (to the extent that the maximum amount of each crime is aggregated, but to the extent that the minimum amount is determined by the crimes of violation of traffic laws on roads, such as drinking) of the Criminal Act to increase concurrent crimes;