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(영문) 광주지방법원목포지원 2020.12.08 2020고정79

교통사고처리특례법위반(치상)등

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Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

A. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving of BCo-sports vehicles.

On December 18:20 of 2019, the Defendant driven the above vehicle while under the influence of alcohol with a blood alcohol concentration of 0.103%, and proceeded to turn to the left on the road front of Youngnam Cancer C from the road on the side of the road park.

Since it is a three-distance intersection at night and where no signal is installed, any person engaged in driving of a motor vehicle shall not drive the motor vehicle while under the influence of alcohol, and he/she has a duty of care to safely drive the motor vehicle to prevent accidents by safely driving the motor vehicle, such as reporting the traffic situation well, accurately manipulating the steering gear, etc.

Nevertheless, the Defendant neglected this and got the front part of the E-Poter 2 truck drivened by the victim D ( South, 61 years old) driving towards the seat of the Young-si in the direction of the Si/Gu, while driving the vehicle, the Defendant got the front part of the E-Poter 2 truck to the right side of the driving vehicle.

After all, the Defendant suffered, by the above negligence, the injury to the victim and the knife F (V, 53 years old) of the victim and the knife of the damaged vehicle, such as salt, tension, etc. in need of treatment for about two weeks.

B. The defendant is in violation of the Road Traffic Act (driving).

The above co-sports vehicle was driven in the state of 0.103% alcohol concentration at approximately 400 meters from the front road of Yong-Namnam Cancer to C before the road, such as paragraph (1).

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Report on the occurrence of a traffic accident, on-site evidence and photographs of the traffic accident, notification of the results of the control of drinking driving, investigation report, circumstantial statement of a drinking driver, and application of each medical certificate (D and F) and each of the Acts and subordinate statutes;

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