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(영문) 수원지방법원 2020.01.17 2019고단6156
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 13,000,000.

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

Reasons

Punishment of the crime

1. On July 12, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving B Cor or a car with blood alcohol concentration of 0.135%, while under the influence of alcohol at around 01:39 on July 12, 2019, the Defendant was driving B Cor or car with the water level from the surface of the mouth to the flood level.

At night and at that time, there was a vehicle parked at the intersection where signal lights are installed, so in such a case, the driver of the motor vehicle had a duty of care to see the front room well and properly operate the brake system, and prevent the accident in advance, while neglecting the duty of care, the defendant found the victim D D(54 years old) driving in the front and rear at the time due to the negligence of not operating the brake system properly, and caused the victim's vehicle to fall into the front part of the motor vehicle.

Ultimately, according to the above occupational negligence, according to the victim D and F (year 42)’s tensions, tensions, etc. injury records, the Defendant’s “definites, etc.” as stated in the written indictment are clear that the “definites, etc.” is clerical error, and thus, corrected the “definites, etc.” as indicated in the written indictment. The Defendant suffered damage to the right side of the victim G (the victim G) for about three weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving of B Cor or a car while under the influence of alcohol by 0.135% of the blood alcohol concentration from the local-Eup to the front road of the local-nam city, at the time of the temporary border as set forth in paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D, F and G;

1. The actual survey report and on-site photographs;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

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

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

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