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(영문) 창원지방법원 2017.12.19 2017고단3569
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of 6 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 who is engaged in driving a vehicle BMW 520D.

On October 1, 2017, the Defendant, while under the influence of alcohol leveling 0.106% of the blood alcohol level from around 19:08 on October 1, 2017, was driving along one lane in the apartment bank by destroying the two-lane road front of D Mart in Kimhae-si C from the Kimhae-si surface to the apartment bank.

At the time, the Defendant was behind the victim E (n, 36 years old) driving in the same direction, and as such, the Defendant had a duty of care to secure safety distance to avoid when the said vehicle stops, and to accurately operate the brakes.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in operating the brakes accurately, and the Defendant was negligent in operating the brakes on the front part of the vehicle in front of that vehicle operated by the Defendant, and received the rear panion of the vehicle in a stop in accordance with the new subparagraph.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim E, such as salt, tensions, etc., which requires approximately two weeks of treatment, and injury to the victim G (36 Do), the victim H (5 Do), and the victim I (3 Do Do Do Do ) such as dump, tensions, and so on.

2. On October 1, 2017, the Defendant was under the influence of alcohol level of 0.106% among blood transfusions around 19:08, the Defendant driven a BMW 520d car at a 1km section from the front of the Do in front of the life science and the front of the Do in Kimhae-si, and from the front of the Do in front of the Do in Kimhae-si, from around 1km to the Do in front of the Do in Kimhae-si.

Summary of Evidence

The application of Acts and subordinate statutes to the Defendant’s legal statement E written fact-finding report by the State driver in each written fact-finding report

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts (the injury caused by traffic accidents).

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