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(영문) 수원지방법원 2018.02.08 2017고정2243
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a passenger car at Cenz e300.

1. Around 17:00 on March 30, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was driving the said car, while under the influence of alcohol of 0.058% during blood, the Defendant continued to drive the said car under the influence of influence of alcohol at a point 43 km from the 43km from the 44-lane in the direction of Incheon in the direction of Incheon.

A person engaged in driving service has a duty of care to make a change of course by operating a direction direction when changing a vehicle line and give prior notice of a change of course and to make a change of the vehicle line in the future and after the change of the vehicle line.

Nevertheless, the Defendant neglected it in a drunken state and changed the lane into the right side as it is, and did not discover the EM6 car of the victim D(W, 42 years old) driving, which was straighted in the two-lanes, and received the part above the left side of the victim's car as the part above the right side of the Defendant's car.

As a result, the Defendant suffered injury, such as “kneee-gnee-gambling,” which requires approximately three weeks of medical treatment by negligence in the course of business as above.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said vehicle at the section of about 15 km from the Sin-si to the point of 43 km on the Gan-dong North-dong Highway, Chungcheongnam-si, Chungcheongnam-si, and the point of 43 km under the influence of alcohol at the time and 0.058% of alcohol level as stated in paragraph 1.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocols of examination of witnesses of this court as to D;

1. A survey report on actual conditions;

1. On-site photographs;

1. Stickers;

1. Statement of the circumstances of the driver involved in driving;

1. As to the internal investigation report (as to the application of the above dmark formula):

1. A medical certificate;

1. Each investigation report (the defendant and his defense counsel did not injure the victim due to the accident of this case);

However, according to the above evidence, the victim was admitted to the hospital on March 30, 2017, which was the day of the instant accident.

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