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(영문) 청주지방법원 충주지원 2021.03.24 2020고정250
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On September 17, 2020, the Defendant: (a) driven a Eststren motor vehicle under the influence of alcohol at a section of about 300 meters alcohol concentration from the front of the C Training Institute, located in B, to the front of the Haju-si, Chungcheongnam-si; (b) on September 17, 2020, the Defendant driven a Eststren motor vehicle under the influence of alcohol at a level of about 0.054% of alcohol concentration in blood.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a motor vehicle of rocketing siren.

On September 17, 2020, the Defendant driven the above vehicle on September 19:15, 202, and led to the passage of the road adjacent to the intersection in front of the Chungcheong City to D from the Fside to the Dside.

Since there was an intersection where traffic control is not being performed, in such a case, the driver of the vehicle has a duty of care to safely drive the vehicle and prevent the accident in advance by safely driving it, such as giving way to the vehicle, if there is another vehicle who wishes to enter the intersection from the road with a wide width when the width of the road is wider than that of the road in which the vehicle is passing, in a situation where the driver of the vehicle is under the influence of alcohol to live well in the surrounding traffic condition and reduces the speed prior to entering the intersection.

Nevertheless, the Defendant neglected to do so and did not properly examine the progress of other vehicles while under the influence of alcohol, as described in paragraph 1, and did not enter the intersection as it is, and took part of the back side of the victim H (Y, 42 years old)'s low right side of the driver's vehicle in front of the vehicle of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. The H's written statement (the occurrence of any traffic accident);

1. Investigation report (report on the situation of the driver in charge); and

1. Report on the occurrence of a traffic accident;

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