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(영문) 전주지방법원 2020.11.13 2020고정140

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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a B-learning passenger car.

On January 8, 2020, the Defendant driven the said car on January 8, 2020, while driving the said car, 363-ro, Jeonjin-gu, Seoul Special Self-Governing Province, Jeonjin-gu, Seoul Special Self-Governing Province, led the front of the 363-ro road from the west to the Dotoogle.

At the time, there is a night and a place where the red signal is occupied, so if there is a stop line or crosswalk, the person engaged in driving service has a duty of care to temporarily stop in the immediately preceding or following intersections, and to stop in accordance with the signals while exercising due care for other traffic, and to prevent accidents by checking the right and the right and the right and the right of the road.

Nevertheless, under the influence of alcohol concentration of 0.033%, the Defendant neglected to stop from entering the intersection without stopping at the intersection. By negligence, the Defendant was driven by the victim D(the age of 48) driving from the direction of the tunnel to the C elementary intersection, with the front part of the Defendant’s driving car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving of the frighting car under the influence of alcohol at approximately 3.4 km section from the 3.4km section to the place where the accident under the above paragraph (1) occurred, where it is difficult to identify the trade name near G located in the Full-gu Seoul Special Metropolitan City F at the time of the temporary border.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, survey report on the actual condition of his/her oral statement, photograph, the circumstantial statement of his/her driver;

1. Relevant legal provisions concerning criminal facts, Article 3(1), proviso of Article 3(2)1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2(3)3 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act;