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(영문) 수원지방법원 성남지원 2017.12.13 2017고정1480
교통사고처리특례법위반(치상)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who drives a BMW car as a duty.

1. Around June 23, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) directed the roads in front of the NC department store No. 81 NC department store No. 31, a 81-ro, a PPon tower in the direction of the same Gu night tower station in the direction of the same Gu night tower station, at a speed of one way between the two roads in the direction of the same Gu night tower distance.

The driver of any motor vehicle has a duty of care to accurately operate the brakes and other devices of the motor vehicle and to refrain from driving the motor vehicle at a speed or in such a manner as may cause any danger and injury to others according to the traffic conditions of the road and the structure and performance of the motor vehicle.

Nevertheless, the Defendant neglected this and left the back part of the 3 chemical vehicles operated by the Defendant by negligence while under the influence of alcohol as set forth in the following paragraph 2 (hereinafter referred to as “victim C” (hereinafter referred to as 46 years old) who stops at the front section of the vehicle driven by the Defendant (hereinafter referred to as the “Defendant”).

Ultimately, due to such occupational negligence, the Defendant suffered from the victim E (the remaining and the age of 37) who was on the top of the steering force of the damaged vehicle for 20 days, with respect to the injury of climatic salt in need of medical treatment for 20 days, respectively.

2. On June 23, 2017, the Defendant driven the foregoing vehicle under the influence of alcohol content of 0.218% in blood, from the vicinity of the jun-gu Subdivision of Gyeonggi-do to the 81 NC department store to the 11 NC department store of the same Gu, on the same day, at around 02:42 on June 23, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Statement of the circumstances of driving at home;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Special Cases concerning the Settlement of Traffic Accidents”), Article 268 of the Criminal Act (the occupational and dental occupation) and Article 148-2 of the Road Traffic Act concerning criminal facts.

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