(영문) 의정부지방법원 2018.04.25 2018고단278

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(영문) 의정부지방법원 2018.04.25 2018고단278

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On December 22, 2017, the Defendant, while under the influence of alcohol at around 02:45, the Defendant driven a rash vehicle from around 1.7km to around 174 U.S. to citizens from around 174 U.S. He/she driven a rash vehicle at around 0.07km under the influence of alcohol at around 02:45% of alcohol during blood.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is the person who is engaged in driving service of the rash car.

Defendant 1 driven a car at the temporary border like the above paragraph 1, and driven the two-lane road in front of the 174 Young-do, in front of the launching of the city, to the citizens of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by securing the necessary distance to avoid collision with the motor vehicle ahead of it, if the vehicle ahead of it stops suddenly.

Nevertheless, the Defendant was under the influence of alcohol and proceeded ahead of it in the same direction, while driving ahead of it in the same direction, and received the back portion of the left side of the Defendant’s driver’s car in the front side of the Defendant’s driver’s car, which reduces speed.

Ultimately, the Defendant suffered injury to the victim E, F, and G, a passenger on board the said taxi due to the foregoing occupational negligence, in need of treatment for approximately eight days.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident;

1. Notification of the results of crackdown on drinking;

1. A report on investigation;

1. Application of Acts and subordinate statutes to certificates of admission and discharge;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of penalty:

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