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(영문) 수원지방법원 2019.07.25 2019고정922
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a vehicle B high-priced vehicle.

On November 7, 2018, at around 01:10, the Defendant, while under the influence of alcohol of 0.101% of the blood alcohol concentration, was driving forward the front road of Suwon-si C from the direction of the transfer distance to the blind distance of D apartment.

In such cases, a driver of a motor vehicle has a duty of care to take into account the traffic situation of the road well and to accurately manipulate the steering gear and brakes so as to prevent accidents in advance.

Nevertheless, the Defendant neglected this and neglected so doing, and caused the shock prevention zone by the same number of plaintiffs who were in progress under the influence of alcohol, and received the part on the left side side of the Fpoter vehicle driven by the victim E (year 53) who was stopped on the road in the course of driving the vehicle back again, from the right side of the Defendant vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in the detailed part of the elbow in need of approximately three weeks of treatment due to such occupational negligence.

2. Violation of the Road Traffic Act (driving) driving a B low-speed vehicle under the influence of alcohol content of about 0.101% at the section of about 5 km from the roads near H store located in Suwon-si G in Suwon-si, Suwon-si, to the roads front of Suwon-si, Suwon-si, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident-related statement of E;

1. Medical certificates (E);

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. On-site and vehicle photographs;

1. Application of Acts and subordinate statutes to reports on circumstantial statements, investigation reports, and reports on detection of drinking drivers;

1. Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 1530 of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018).

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