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(영문) 수원지방법원 성남지원 2021.03.18 2020고단2940
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 14,000,000.

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a BSP car.

On July 28, 2020, the Defendant driven the said vehicle under the influence of alcohol level of 0.110% from blood alcohol level around 05:30 on July 28, 2020, and led the Defendant to drive the said vehicle under the influence of alcohol level of 0.110% on the side of the right side between the two lanes in front of the “D Gowon” located in Hanam City C.

In this case, the driver of the motor vehicle has a duty of care to live well in the traffic situation, to check whether there is a motor vehicle standing on the front side, and to safely drive the motor vehicle.

Nevertheless, the Defendant, while neglecting the remaining under the influence of alcohol and neglecting it, was under the influence of the Defendant’s driver’s license to drive the F car of the victim E (39 tax) who was parked with the signal at the front of the mash, and was under the influence of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the above victim, such as salt, tensions, etc. in need of approximately two weeks of treatment due to occupational negligence.

2. On November 25, 2015, the Defendant was sentenced to a suspended sentence of two years in imprisonment with labor for a violation of the Road Traffic Act by the District Court of the Republic of Korea on November 25, 2015.

Article 44(1) of the Road Traffic Act was violated at least twice by driving a BSP car under the influence of alcohol level of 0.110% during blood at the date, time, place, and place specified in paragraph 1.

Summary of Evidence

1. Statement E prepared by the defendant in court;

1. Reports on traffic accidents and on-site photographs;

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

1. A medical certificate;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

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 3(1) and the Act on Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation of duties and negligence, the selection of fines), Article 148-2 of the Road Traffic Act.

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