logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.05.29 2019고단342
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. The defendant is a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and engages in driving service of automobiles;

At around 19:20 on December 8, 2018, the Defendant, while under the influence of alcohol at 0.136% of blood alcohol level, was driving in the direction D in the upper direction of the Goiung-gu C.

In such a case, even though a driver has a duty of care to set the steering room and operate the steering wheel, brakes and other devices accurately, and has a duty of care to drive safely, due to negligence of driving under the influence of the driver, the defendant neglected it, which led to the failure of his/her duty to drive under the influence of his/her own, to the front of a car operated by the defendant, and led the driver to shock the left side of the HM5 car operated by G and the JWD bus operated by G.

As a result, the Defendant suffered injury to the victim E (V, 53 years old), K (26 years old), L (n, 38 years old), etc., such as salt dynasium, tension, etc. for about two weeks in need of treatment.

2. Around 19:20 on December 8, 2018, the Defendant was under the influence of alcohol leveling 0.136% of a 300-meter alcohol level from the street in front of the N cafeteria Ma, Young-si Ma to the street in Young-si, Young-si, Ma and driven a vehicle under the influence of alcohol leveling to 0.136%.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident report, a traffic accident report, or a voluntary report on driving of a motor vehicle;

1. Accident-related video cd;

1. Notification of the control results of drinking driving, and report on the situation of drinking drivers;

1. Text messages;

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

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of driving while driving a motor vehicle);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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

arrow