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(영문) 수원지방법원 2019.01.09 2018고단6025
교통사고처리특례법위반(치상)등
Text

1. Defendant shall be punished by a fine of KRW 8,000,000.

2. If the defendant does not pay the above fine for 80 days.

Reasons

Punishment of the crime

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

On October 2, 2018, the Defendant driven the said car with a blood alcohol concentration of 0.101% 0.10%, while under the influence of alcohol around 02:51 on October 2, 2018, and led to the six-lane road in front of the living ductal distance of 1526, Young-gu, Young-gu, Suwon-gu, Suwon-si, along the following two-lanes in the direction of construction:

At the time, there are nights and vehicles that were stopped in accordance with the signals at front of the night, so there was a duty of care to prevent accidents by reducing the speed to those engaged in driving service, maintaining the safety distance between the front and the front door.

Nevertheless, due to the negligence that the Defendant, while under the influence of alcohol, proceeded as it was while neglecting the front-time zone of the said car, caused the following franchiscers of the said car driven by the victim C(22 years old) who was stopped under the new subparagraph in the front part of the said car, and due to the shock, the said franchiscers were driven by E(40 years old) who was driving on the front part of the said franchiscers in the front part while keeping the said franchiscers in the front part.

Accordingly, the Defendant suffered injury to the above victim C and the victim G (V, 18 years old, female) who is the above victim due to occupational negligence, such as salt, tensions, etc. in the cirth of cirrat requiring treatment for three weeks and two weeks respectively, and the victim H(38 years old) and I (41 years old) who is the above victim E and his passenger, suffered injury, such as salt, tensions, etc. in the cirrat of cirrat that require treatment for two weeks, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. Reports on traffic accidents, reports on the circumstances of a drinking driver, and reports on the results of the control of drinking driving;

1. Each written diagnosis;

1. On-site photographs;

1. Application of the Acts and subordinate statutes on black stuffs and video CDs;

1. Article 3(1), the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts (the injury caused by occupational negligence).

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