(영문) 수원지방법원 평택지원 2019.09.27 2019고단841

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(영문) 수원지방법원 평택지원 2019.09.27 2019고단841

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a vehicle BM5 car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On June 10, 2019, at around 07:15, the Defendant driven the said car while under the influence of alcohol with 0.085% of alcohol concentration, and led to the Defendant to drive the said car at a non-speed speed depending on the flow of the road located in Pyeongtaek-si C from the shot-si to the shot-water surface.

At that time, the road was on which the center line of yellow-ray was installed. In such a case, the driver had a duty of care to safely drive the car line by keeping the front line and the left and right while keeping the car line.

The Defendant neglected to do so, while neglecting the duty of the front stop, caused the victim D (year 46) who was parked in the middle line due to the negligence of breaking the center line to take the front part of the vehicle in front of the Defendant’s vehicle, and caused the impact on the part of the victim F (year 54) who was parked in the front line of the vehicle in front of the vehicle in front, with the front part of the vehicle in front of the vehicle in front.

Ultimately, the Defendant caused the victims to suffer injuries, such as salt, tension, etc. in each of the two weeks’ medical care due to occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) driving a vehicle BM5 vehicle under the influence of alcohol with a blood alcohol concentration of about 0.085% from the section of about 20km from the section of the water station near the water station at the temporary border, such as the above paragraph (1) to the road in Pyeongtaek-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the traffic accident actual condition survey report, and the report on the actual state of a driver;

1. Article 3(1), the proviso of Article 3(2)2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 268 of the former Road Traffic Act concerning criminal facts.

참조조문

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