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(영문) 창원지방법원 2018.01.26 2017고단4197
교통사고처리특례법위반(치상)등
Text

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

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

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 BFD car.

On November 20, 2017, the Defendant driven the said car under the influence of alcohol level of 0.121% among blood transfusions on November 20, 2017, and led the Defendant to drive the said car under the influence of alcohol level of 0.121%, and left the roads at the entrance of the Seongdong-gu, Seongdong-gu, Sungwon-si, Sungwon-si, Changwon-si, to drive the said car under the influence of alcohol level of 0.12%.

At the time, there are nights, and there are vehicles parked at the edge of the road, so that those engaged in driving duty have a duty of care to reduce the speed and accurately manipulate the steering and brakes to prevent accidents.

Nevertheless, under the influence of alcohol, the Defendant’s negligence, which caused the breath of the victim C (the age of 40) who opened a driver’s seat in a vehicle parked on the right side of the Defendant’s proceeding, to be the front part of the passenger car.

Ultimately, the Defendant suffered injury to the victim, such as catum salt, which requires approximately two weeks of medical treatment due to such occupational negligence.

2. On November 20, 2017, the Defendant driving a BF car from 200 meters away from the 2nd place of business in the Changsi-si, Hosi-si, Sungwon-si, Changwon-si, a commercial building with approximately 200 meters away from 200 meters away from the 2nd place of business in the original city, while under the influence of alcohol level 0.121%.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of C’s statement;

1. A survey report on the actual condition and a statement on the circumstances of the driver involved in driving;

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

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

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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