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(영문) 창원지방법원 2017.02.14 2016고단3479
교통사고처리특례법위반(치상)등
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On September 25, 2016, the Defendant driven C tegrative car under the influence of alcohol content of approximately 0.165% in a section of about 500 meters from the 500-meter alcohol content to the front road of Chang-si, Changwon-si, at around 02:30 on September 25, 2016.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a car at Cpote.

On September 25, 2016, the Defendant, while driving the said vehicle under the influence of alcohol content of 0.165% in blood at around 02:30 on September 25, 2016, and driving the said vehicle on the front side of the window in Changwon-si at Changwon-si, was stopped in accordance with the code of frontline suspension.

At that time, the defendant's rear bank also had a duty of care to prevent the accident by examining well whether there are other vehicles in the rear side, as the victim D (n, 23 years old) and EM car driven by the victim D (n, 23 years old) temporarily stops, and thus, the driver of the vehicle was obliged to take a duty of care to prevent the accident by checking well whether there are other vehicles in the rear side.

Nevertheless, the Defendant neglected to do so and did not properly look at the rear side of the passenger car and received the part of the Defendant’s back part of the passenger car.

Ultimately, the Defendant suffered, by negligence in the above business, the injury of the victim D, the victim F (23) who was the passenger of the instant medical treatment, at around two weeks of clocks and tensions, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. A report on the detection of a primary driver;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (a point of causing a traffic accident by occupational negligence), Article 148-2(2)2 and Article 44 of the Road Traffic Act concerning criminal facts.

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