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(영문) 수원지방법원 평택지원 2016.08.11 2016고단1013
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. The Defendant violating the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving of EXE vehicles.

On March 28, 2016, the Defendant driven the said vehicle under the influence of alcohol content of 0.118% during blood transfusion, and led to the front of the F kindergarten in Gyeonggi-si, which is located in Gyeonggi-do, to the front of the F kindergarten in the same manner as the front of the F kindergarten under the influence of the said vehicle at a 0.118%.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by properly manipulating the brake system if a pedestrian appears by properly examining the front, rear, and left.

Nevertheless, under the influence of alcohol, the Defendant neglected this and failed to properly operate the brake system, thereby taking the back side of the victim G(40) who was walking the right side of the road into the right side of the Defendant’s vehicle into the front side of the road.

Ultimately, the Defendant suffered injury to the victim, such as 6, 7, and 8 cage cage cages, which require approximately four weeks of treatment due to such occupational negligence.

2. The Defendant was driving the said vehicle at a section of approximately 1.5 km from the vicinity of an apartment in the Nowon-gu, Nowon-gu, in the state of alcohol 0.18% under the influence of alcohol at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. G statements;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act, and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (excluding punishment) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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