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(영문) 수원지방법원안산지원 2020.10.29 2020고정766
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On April 18, 2020, the Defendant, while under the influence of alcohol of 0.120% of blood alcohol concentration on Apr. 21, 2020, while driving a two-hand vehicle and driving a one-lane of the three-lanes among the three-lanes in Young-dong Highway, Seodong Highway, Seogsan Port(b) located in Ansan-gu, the Defendant, at the speed of about 60km.

In such a case, the defendant who drives a motor vehicle has a duty of care to see the front side and accurately operate the steering wheel and brakes, and to prevent an accident on the front side of the motor vehicle operated by the victim C's driver who is driving in the front side due to negligence while neglecting his/her duty of care to prevent an accident on the front side.

As a result, the victim C suffered bodily injury such as salt ties, tensions, etc. in the booms requiring medical treatment for about two weeks, the victim E suffered bodily injury such as salt ties, tensions, etc. in the booms requiring medical treatment for about two weeks, and the victim F, the same passenger, suffered bodily injury such as salt ties, tensions, etc. in the booms requiring medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. The actual condition survey report;

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

1. Relevant provisions of Article 148-2 (3) 2, and Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 3 (1), the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 (Punishment to be imposed on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the Act on Special Cases concerning the Settlement of Traffic Accidents against C with the largest criminal situation) of the ordinary concurrent crimes;

1. Selection of each alternative fine for punishment;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the maximum penalty shall be the concurrent crimes resulting from the violation of the Act on Special Cases concerning the Handling of Traffic Accidents which is heavier than the punishment) shall be the concurrent crimes, and the minimum penalty shall be the violation of the Road Traffic Act (the crime of

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