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(영문) 창원지방법원 2019.06.27 2019고단1383
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-ro car.

On 20:50 on 19:20 on 19:20 on 2019, the Defendant driven the said car with a blood alcohol concentration of 0.10%, and led the Defendant to proceed along the two-lanes in the vicinity of the C Hospital at the intersection of the 4-lane in the vicinity of the training complex distance, as in the Changwon-gu, Changwon-si.

In such cases, since there are vehicles in the front line of the same lane as at the time, the person engaged in the driving of a motor vehicle has a signal signaled vehicle, and in such cases, the person engaged in the driving of the motor vehicle has a duty of care to keep the front door well along the distance from the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the victim D(25 years old) who was in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle, and due to the shock, the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle

Accordingly, the Defendant suffered from the injury of the victim H(31 years of age) and I (30 years of age) who was accompanied by the said K3 car due to the above occupational negligence, such as salt d, F, and I (30 years of age), each of which requires two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident;

1. The actual condition survey report;

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

1. Investigation report (Report on the status of an employee);

1. Each medical certificate and written confirmation of medical treatment;

1. Application of Acts and subordinate statutes governing accident site photographs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes ( mutually among the violations of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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