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(영문) 수원지방법원 평택지원 2019.05.22 2019고단23
교통사고처리특례법위반(치상)등
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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. A person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in the operation of B-crack ship.

On December 21, 2018, the Defendant driven the said car with a blood alcohol concentration of 0.115% 0.15% around December 21, 2018, and driven it at a speed of about 40km from the direction of the E elementary school, according to the two-lanes of the Docker in Pyeongtaek-si C.

At the time of the defendant's proceeding, the victim F (the 64-year old) car was stopped in G rocketing and the victim was in front of the Bows. In such a case, there was a duty of care to check the front door and to prevent the accident by accurately manipulating the steering and operating the steering system.

The Defendant, by negligence while under the influence of alcohol, shocked the following part of the instant rocketing car into the front part of the Defendant’s car, and caused the instant rocketing car to be pushed down in the future, and led the victim who was faced with the front part of the other car in the front part of the rocketing car.

Ultimately, the Defendant suffered injury to the victim, such as double saves and saves, which require approximately six weeks of medical treatment due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) driven the said vehicle under the influence of alcohol by 0.115% at the time and place specified in paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each traffic accident report;

1. Application of Acts and subordinate statutes notifying the results of drinking driving control;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of a sound driving);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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