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(영문) 창원지방법원 2018.05.04 2018고단567

교통사고처리특례법위반(치상)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. The defendant is a person who is engaged in driving a Brane car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

On February 16, 2018, the Defendant, while under the influence of alcohol 00:45 on a blood alcohol level of 0.133%, was driven by the Defendant, and led to turn to the left at a speed of about 20 km from the intersection of the education complex located in the Sungwon-si, Sungwon-si, Sungwon-si, Sungwon-si, to the right-hand turn to the left at a speed of about 20 km from the intersection of the education complex.

Since there is an intersection where signal lights are installed, there was a duty to safely drive a motor vehicle to prevent accidents in advance by driving the motor vehicle in accordance with the new code.

Nevertheless, under the influence of alcohol, the Defendant neglected to turn to the left as it was due to the negligence of the Defendant’s failure to turn to the left, and was led by the victim C (the 24 years old) (the 24 years old) who was straighted in the opposite line to the direction of the Defendant’s proceeding in accordance with normal new code, and received the front part of the D-ho vehicle, which was driven by the Defendant, from the right edge of the C-ho

As a result, the Defendant suffered injury to the victim, such as brain salvin, which requires approximately two weeks of medical treatment, due to such occupational negligence.

2. On February 16, 2018, from around 00:40 to around 00:45 the same day, the Defendant driven B-low-income motor vehicle while under the influence of alcohol content of about 0.133% in a distance of approximately 6km from an educational complex located in the same Gu unit operation on the front side of the train that is located in the window of Changwon-si, Changwon-si from around 00:40 to around 00:45.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the occurrence of a traffic accident (1) (including a report on actual condition attached), a report on internal investigation (in regard to dispatch of the scene of a traffic accident to the scene of a drinking accident), or a report on the situation of a driver

1. A medical certificate;

1. A map at the scene of an accident;

1. Application of the Acts and subordinate statutes to photograph the scene of the accident and photographic images of the black stuffs;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, and Article 3(2)1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents.