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(영문) 제주지방법원 2020.02.05 2019고단2290
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 29, 2011, the Defendant issued a summary order of two million won or more for a violation of the Road Traffic Act at the Seoul Central District Court on May 29, 201.

The Defendant is a person who is engaged in driving service of the ice A car.

Around 18:30 on October 28, 2019, the Defendant, while driving the said vehicle with a alcohol content of 0.102% at a blood alcohol level, and driving the front road of the said vehicle at the e-mail from the e-mail level to the e-mail screen. On the other hand, the Defendant prior the victim D (the age of 29) who was under the traffic signal stop along the same lane due to occupational negligence that does not well see the front side of the vehicle while driving the vehicle at the e-rocketing and the back part of the e-motor vehicle driven by the victim D (the age of 29) who was under the traffic signal stop. The Defendant got the victim F (the age of 57) who was under the stop in that direction to get the back part of the e-motor vehicle driven by the victim F (the age of 57).

Ultimately, the Defendant suffered, by its occupational negligence, the injury to the victim D, such as the impairment of the blue part of the inside part, which requires approximately two weeks of treatment, and the injury to the victim H (the 53 years old), who is the passenger of the said victim F and K5 car, was inflicted on the victim I (the 68 years old), who is the passenger of the said victim F and K5 car, for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. The actual condition survey report;

1. A report on the actual state of the driver;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports, investigation reports (formerly previous parts), and summary orders;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of a sound driving);

1. Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes (trades resulting from a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Selection of each alternative fine for punishment;

1. Aggravation for concurrent crimes;

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