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(영문) 수원지방법원성남지원 2020.10.08 2020고정561
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving service of a passenger car in B SP land.

On April 1, 2020, the Defendant driven the above vehicle while under the influence of alcohol 0.139% with blood alcohol concentration around 00:40 on April 1, 2020, and led the parking lot front of the Gwangju apartment Ddong to the underground parking lot on the right side of the front.

In such cases, there was a duty of care to prevent accidents by safely driving a driver after taking the front door well.

Nevertheless, under the influence of alcohol, the Defendant was a victim E (the age of 38) who was parked after a vehicle parked while driving the vehicle. The Defendant received the victim E (the age of 38) in front of the right edge of the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt of elbows, etc. in the right side in need of treatment for about two weeks due to such occupational negligence.

2. Around 00:40 on April 1, 2020, the Defendant driven a B Sti-type car at approximately KRW 100 meters from the front of the G Residents' Self-Governing Center located in Gwangju City F to the front parking lot of Gyeonggi-si Seoul Metropolitan City, while under the influence of alcohol by 0.139%.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The application of Acts and subordinate statutes to traffic accident reports, report on the circumstances of the driver with the main driver, report on the appraisal of blood alcohol, report on accident site photographs, and medical certificate;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (3) 2 of the Road Traffic Act, Article 44 (1) of the Road Traffic Act and the selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant’s age, character and conduct, environment, along with the blood alcohol concentration, odometer, accident content, and degree of injury on the grounds of sentencing in Article 334(1) of the Criminal Procedure Act of the provisional payment order.

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