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(영문) 창원지방법원 2018.09.05 2018고단1694

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 in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving cars B.

On April 27, 2018, the Defendant driven the said vehicle under the influence of alcohol level of 0.192% during blood transfusion around 21:15, while driving the vehicle, and driving the vehicle at a speed of 27 Cheongwon-ro, Sungwon-gu, Sungwon-ro, Sungwon-ro, Gowon-ro, Gowon-ro, Gowon-si, and driven the road along the front of the Cheongwon apartment at an indefinite speed from the inside of the immigration elementary school.

In such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the front side, steering and brakes to those engaged in driving business.

Nevertheless, the Defendant neglected to do so and proceeded as it was installed in India on the right-hand part of the car.

Ultimately, the Defendant suffered injury to the victim C (at the age of 44) who was on board a passenger car driven by the Defendant due to the foregoing occupational negligence, such as knee, knee, and other knee and tension in the part where the knee needs to be treated for about two weeks.

2. The Defendant violated the Road Traffic Act (drinking driving) driving the said vehicle under the influence of alcohol content of 0.192% in blood while under the influence of alcohol for about 300 meters on the front of the 20-day Solop Dog-ro, Sungwon-si, Sungwon-si, Changwon-si, Seoul Special Metropolitan City, to the point of accident stated in paragraph (1) at the time of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and an accident scene photograph;

1. Investigation report (report on the situation of the driver in charge of driving), report on the circumstances of the driver in charge of driving, and notification of the results of regulating drinking;

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

1. Relevant Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (on duty and negligence), Article 148-2(2)2 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.