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(영문) 수원지방법원 2013.05.16 2013고정958
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives a cargo vehicle B on duty.

1. On December 26, 2012, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), around 14:27, in the state of being under the influence of alcohol of 0.175% of the blood alcohol concentration of the national highways No. 1, the number of plaintiffs in Suwon-si, Suwon-si, Suwon-si, the Defendant was driving at approximately 40-50km/h speed of the two lanes in Seoul in the direction of Seoul.

In such cases, a person engaged in driving service has a duty of care to safely operate by accurately operating the steering gear and steering the steering gear.

Nevertheless, the Defendant neglected to do so and neglected to do so, tried to see the following part of the victim C (the 52-year-old driving vehicle) drive DSS3 vehicle in the same lane as the front part of the Defendant’s driver’s vehicle in the same direction, and due to this shock, the above SM3 vehicle was pushed back to the front part of the victim E(the 30-year-old driving vehicle) driver’s vehicle in the future by pushing the above SM3 vehicle in the future.

Therefore, the Defendant suffered injury to the victim C, such as brain salvine which requires treatment for about three weeks, and injury to the victim E, such as salvum salt, tension, etc. requiring treatment for about three weeks.

2. The Defendant was under the influence of alcohol by 0.175% at the time, time, and place specified in paragraph (1) of this Article, and driven the said vehicle from the street in front of the restaurant of the Suwon-si Black Falk-dong, Black Falk-dong, the place of the accident, to the number of plaintiffs running the said vehicle at approximately KRW 500 meters from the street before the restaurant of the Suwon-si, the Suwon-si, the place of the accident.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. A traffic accident report (1) an actual condition survey report, a traffic accident occurrence report, a circumstantial report on a drinking driver, a drinking measuring set and a report on the detection of a drinking driver;

1. Vehicles, on-site photographs;

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

1. Each relevant Article of the Act concerning criminal facts;

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