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(영문) 전주지방법원 군산지원 2019.07.26 2019고단615
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

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

On May 13, 2019, at around 21:30, the Defendant driven the said car while under the influence of alcohol with 0.096% of blood alcohol concentration, and led D High School C, located in Isan-si C, to drive the said car at an insular speed from the center direction to the insular direction.

At the same time, it is the front road of the school, and the passenger car driven by the victim E (the age of 46) stops on the right side of the defendant's moving direction, so the defendant engaged in driving service has a duty of care to operate the steering and steering system accurately by accurately manipulating the steering direction and operating it.

Nevertheless, the Defendant, by negligence while neglecting the influence of alcohol, received the part of the left-hand part of the above-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-hand-on-on-hand-on-hand-on-

Ultimately, the Defendant suffered from the injury of the victim E, the victim G, and the victim I (the age of 59) who was on board the passenger car due to the above occupational negligence, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

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

1. The actual condition survey report;

1. A medical certificate;

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

1. Article 148-2 (2) 3 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. The Criminal Act among concurrent crimes.

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