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(영문) 수원지방법원 2016.05.26 2016고정757

교통사고처리특례법위반등

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Defendant shall be punished by a fine of KRW 5,000,000.

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

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 driving Belte as a job.

On September 25, 2015, the Defendant driven the above vehicle under the influence of alcohol content of 0.174% during blood transfusion at around 15:37 on September 25, 2015, and led the Defendant’s vehicle that was parked on the front side of Osan City at the Osan City at the Osan City as a red market room at approximately 10km speed.

There was a duty of care to safely operate a driver who is engaged in driving service.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent and was parked on approximately 2 meters ahead of the driving direction of the vehicle on the first side due to negligence.

D) After the four-dimensional driver's seat of the vehicle owned by the D, the side part was shocked by the back door of the Defendant's vehicle, and the second side of the opposite vehicle stopped from the opposite vehicle to the signal air, and the side part was shocked by the front part of the Defendant's vehicle's driver's seat and the front part of the Defendant's vehicle's driver's seat.

Ultimately, the Defendant suffered injury to the victim E by occupational negligence, such as diversous salt and straw, which requires a day medical treatment.

2. Violation of the Road Traffic Act (drinking driving) driving a vehicle Beltra in the blood alcohol concentration of 0.174% from the front day of Osan City to the road of about 10 meters from the front day of Osan City at the same time and place as set forth in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A fact-finding survey report and a traffic accident occurrence report;

1. On-site photographs;

1. Notification of the results of regulating the driving of drinking, inquiry of the results of regulating the driving of drinking, and statement of the situation of the driver;

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

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act (the point of causing occupational negligence), Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the driving of alcohol).