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(영문) 광주지방법원 2018.05.17 2018고단1217
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle B for another car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On March 12, 2018, the Defendant driven the said car under the influence of alcohol concentration of 0.061% among blood transfusions on March 12, 2018, and led to the driving of the said car at a low speed along the two-lanes between four lanes in the direction of the high level in the south-gu Seoul metropolitan high level.

Since there was a delivery on the right side of the road that the defendant was running, the defendant engaged in driving the motor vehicle had a duty of care to properly manipulate the right and the right side of the front and rear and to prevent the accident by accurately manipulating the steering and steering devices.

Nevertheless, the Defendant neglected to do so and received street trees in India with the front part of the above vehicle driven by the Defendant due to negligence.

As a result, the Defendant suffered approximately 14 weeks from the victim C (n, 21 years of age) who was on the job as above, to the right side of the victim D (n, 22 years of age) who was on the job as above, and suffered approximately 6 weeks of treatment of the victim D (n, 22 years of age).

2. The Defendant violated the Road Traffic Act (drinking driving) driving the said vehicle under the influence of alcohol level of about 0.061% from a 1k section of blood alcohol level from the roads near the Dong-gu, Gwangju Metropolitan City, the Dong-gu, the Dong-gu, the Dong-dong, to the front road of the Nam-gu, Gwangju Metropolitan City, for approximately 1m-gu, the Gamban City.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notification of the results of crackdown on drinking and inquiry of the results of crackdown on drinking driving;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on the site and accident vehicle photographs;

1. Article 3(1) and the proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and dental occupation) and Article 148-2(2) of the Road Traffic Act concerning criminal facts.

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