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(영문) 수원지방법원 안산지원 2018.10.25 2018고단2840
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On July 2, 2018, the Defendant driven a e-learning car under the influence of alcohol content of about 0.125% at the 1km section from the front of the apartment unit B in Ansan-si, Ansan-si to the front distance of D located in Ansan-si, Ansan-si. In addition, the Defendant driven a e-learning car under the influence of alcohol content of about 1km.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving motor vehicles of E-learning cars.

Around 06:30 on July 2, 2018, the Defendant driven the above vehicle while under the influence of alcohol, and led the front distance of D, which is located in Ansan-si, Agsan-si, a member C, to the F high school level from the private distance protection from the shooting distance in the Gu.

At the time, traffic control is carried out by signal lights, so in such a case, the driver of the vehicle has a duty of care to reduce the speed of the driver and to prevent the accident due to the signals by driving the vehicle in accordance with the new subparagraph while living well on the right and the right.

Nevertheless, the Defendant neglected this and proceeded to turn to the left on the right side of the running direction of the Defendant by negligence in contravention of the signal while under the influence of alcohol, and by negligence in contravention of the signal while under the influence of alcohol, the part of the victim G (46) driven by the Defendant was shocked by the Defendant’s upper part in front of the left side of the HS-type car driving by the Defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Report on the occurrence of a traffic accident, report on the situation of a driver who takes driving, and report on the results of regulating drinking;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1)1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3(2)1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupational and de facto occupation), Article 148-2(2)2 and Article 44 of the Road Traffic Act.

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