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(영문) 수원지방법원 2019.05.15 2018고단6552
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM3 car.

On October 16, 2018, at around 03:50, the Defendant driven the said car with a blood alcohol concentration of 0.102%, and changed the line to the two-lanes while driving the car in front of the Korean Electric Power Industry Center, which is in the hands-on operation of the Suwon-gu, Suwon-gu, Suwon-si, from the dynamic distance flood control area to the same orchard distance.

At the time, since it is night and there are two-lane narrow roads, the driver of the motor vehicle has a duty of care to inform the driver of the motor vehicle of the direction change in advance by hand or direction direction, etc. in advance, and to prevent the accident in advance by changing the lane.

Nevertheless, under the influence of alcohol, the Defendant was negligent in changing the lane to the second line, and the victim C (Nam, 45 years old) who was proceeding in accordance with the same direction two-lanes, followed by the Defendant’s previous pent part of the car of the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report (1) (2) and vehicle photographs related to the traffic accident;

1. Report on actions taken against an employer, report on the circumstances of an employer-employed driver, and investigation report (report on the status of an employer-employed driver);

1. A report on investigation (verification of accident video records) (verification of accident video records), black boxes, and CD 1;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the 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, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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