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(영문) 수원지방법원 성남지원 2018.07.05 2018고단1062
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine not exceeding five million won.

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

Reasons

Punishment of the crime

1. On February 22, 2018, the Defendant: (a) driven a C-wing truck under the influence of alcohol with a maximum of 2km alcohol concentration of 0.101% at the section of approximately 2km from the front of the Gyeonggi-si, Gyeonggi-do to the front road of the same city in the same city-ro Do, to the front road of the apartment road.

2. The Defendant is a person who is engaged in driving a C-wing and cargo vehicle.

The Defendant, while under the influence of alcohol, as described in paragraph 1, driven the above cargo vehicle in the city of Gyeonggi-si, and driven the two-lane road in front of the apartment house in the Gyeong-gu, Gyeonggi-si, Gwangju-si, along the two-lanes from the west-dong to the west-ri.

Since there is a three-distance intersection with signal apparatus, the driver of the vehicle had a duty of care to prevent accidents by properly operating the steering and steering gear and operating the steering system accurately.

Nevertheless, as long as the Defendant neglected to operate steering gear and brakes while under the influence of alcohol and neglected to do so, the Defendant was driven by the victim D(41) who was waiting in the signal waiting at one lane due to occupational negligence and received the part on the right side part of the E-A-A-car driving in front of the left side of the freight 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 as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A medical certificate;

1. Investigation report on the actual condition of a traffic accident, report on the circumstances of a driver in charge, and report on the results of regulating drinking;

1. Application of Acts and subordinate statutes to the scene of an accident, a vehicle photograph of an accident, and a screen stuff image fluor;

1. Article 3(1) and Article 3(2) proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Act applicable to the crime, Article 3(1) and Article 3(2) proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment (the injury caused by occupational negligence) and Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the driving of drinking alcohol)

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