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(영문) 청주지방법원 2020.10.08 2020고정603
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving service with BK5 automobiles.

At around 00:00 on June 14, 2020, the Defendant driven the above vehicle under the influence of blood alcohol concentration of 0.077%, and continued to proceed to the right bypass from E to the front of the Dcar Center located in Seo-gu, Seo-gu, Seo-gu, Seo-si.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering room, steering gear, and brakes.

Nevertheless, the Defendant neglected this and caused a collision between the victim F (ma, 51) who was in a traffic signal atmosphere due to negligence not operating the operation of the brake system accurately, and the driver in front of the driver's seat of the vehicle under the G low-speed vehicle driving.

After all, the Defendant suffered injury to the victim F due to occupational negligence, such as salt, tensions, etc., which requires approximately two weeks of medical treatment.

2. Around 00:00 on June 14, 2020, the Defendant driven BK5 vehicle under the influence of blood alcohol concentration of approximately 2 km from the Dcar Center located in the same Gu C in the vicinity of a restaurant in the trade name, Seowon-gu, Seowon-si, Seoju-si, and the front road at approximately 0.07%.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of the F of the Act and subordinate statutes to notify the police of the results of the crackdown on drunk driving of photographs at the scene of the accident, a written diagnosis of the police report;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (3) 3 and 44 (1) of the Road Traffic Act, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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