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(영문) 광주지방법원 목포지원 2018.04.20 2018고단36
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

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

On December 15, 2017, the Defendant driven the said car under the influence of alcohol content of 0.180% in blood around 05:40 on December 15, 2017, while driving the said car, and driving the road in front of the Sinpotool University located in the Sinpo City, Sinpo City.

At the time, there was night and there was a cross-section where signal lights were installed, so in such a case, a person engaged in driving a motor vehicle has a duty of care to reduce the speed and to properly manipulate the steering and brakes, and to prevent accidents in advance.

Nevertheless, the Defendant neglected this and did not discover the victim C (the 48-year-old driver)'s car of the victim C (the 48-year-old driver) who was waiting for the signal at the front section by negligence while under the influence of alcohol, and received the victim's Belgium car and the part of the victim's car behind the driver's car to the Defendant as the front part of the car.

As a result, the Defendant suffered injury to sugar, etc., where there are two or more wounds in which the victims need to receive approximately two weeks of medical treatment by occupational negligence as above, respectively.

2. The Defendant violated the Road Traffic Act (drinking) driven a body car as described in paragraph (1) under the influence of alcohol content of approximately 0.180% in a section of about 10km from the front side of a water restaurant of 9-1, a brea-ro 51, a brea-ro, a brea-ro, a brea-ro, a wooden city, to the front side of a breaTol University, which is located in about 701, a brea-ro 701.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement (36 pages of evidence records);

1. Medical certificate (C);

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

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

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