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(영문) 청주지방법원 2017.06.16 2016고단1983
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

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

On July 17, 2016, the Defendant driven the above car at around 00:50 on July 17, 2016, and driven the road of four-lanes in front of the Cheongju-si C building in front of the Cheongju-si. The Defendant was under the influence of alcohol content 0.079% while under the influence of alcohol content in the blood.

At night, the victim D(60) was driving on the first lane, and in this case, E-si was working in the signal waiting, so there was a duty of care to prevent accidents by accurately operating steering gear and brakes and operating it in the driver of the vehicle and by properly examining the power and the left and right of the driver of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brakes properly, and the Defendant received the front part of the car driving by the Defendant following the right side of the taxi in front of the passenger car in which the Defendant was driving.

Ultimately, the Defendant, due to the foregoing occupational negligence, caused the victim D (60) to suffer from the injury, such as brain dynasium, which requires the victim F (29 years old), who is the passenger of the said taxi, and the victim G (38 years old) to undergo approximately three-day medical treatment; the victim H (27 years old) who is the passenger of the said taxi; and the victim I (37 years old), who is the passenger of the said taxi, to undergo a light dynasium in need of approximately two-day medical treatment; and the victim I (37 years old), who is the passenger of the said taxi, suffered from the dynasium in need of a light dynasium treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D, F, H, G, and I (the occurrence of a traffic accident);

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and an accident scene photograph;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts.

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