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(영문) 수원지방법원 2018.11.23 2018고정1670
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of four 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 engaging in driving a B-learning passenger car.

On August 9, 2018, the Defendant driven the said car under the influence of alcohol level of 0.116% in blood during blood, and led the Defendant to drive the said car along the jurisdiction of the court located in the Sinwon-gu, Suwon-si, Suwon-si along the five-lane radius in front of the shooting distance in the court of Suwon-si.

In such cases, a driver of a motor vehicle has a duty of care to safely drive the motor vehicle to prevent accidents by safely driving the motor vehicle, such as taking the right and the right and the right and the right and the right and the right and the right and duty of operation.

Nevertheless, the Defendant, while under the influence of alcohol, has been negligent and has been driving by the victim C (59 taxes, south) who is standing in the signal atmosphere from the right side of the proceeding direction to the right side of the road.

D Private taxi next to the Defendant’s car was received as the front part of the Defendant’s car.

As a result, the Defendant suffered injury to the victim, such as a reflectrs, etc. in need of treatment for about 10 days, due to such occupational negligence.

2. Around August 23:12, 2018, the Defendant was driving a B-learning car under the influence of alcohol concentration of about 500 meters from the 500-meter section, which was under the influence of alcohol concentration of 0.116%, to the front road of the court located in the Young-gu, Suwon-si, Suwon-si, the source of the Suwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. C's written statement related to traffic accidents;

1. A survey report on actual condition, a traffic accident occurrence report, the scene of accident, photographs of accident vehicles, records of drinking measurement, notification of the results of crackdown on drinking driving, and a statement in the circumstances of the driver who takes driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act (the occupational and de facto occupation) and Articles 148-2(2)2 and 44 of the Road Traffic Act.

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