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(영문) 청주지방법원 제천지원 2019.08.29 2019고단215
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. The defendant is a person who is engaged in driving of a vehicle B in the field of Spati in violation of the Act on Special Cases concerning Traffic Accident Settlement.

On June 13, 2019, the Defendant, at the end of 22:55, proceeded in front of 154 forest shooting distance from the private cancer room to the Myeon of the Gyeong River Office from the private cancer room.

In such cases, a person engaged in driving of a vehicle has a duty of care to prevent accidents in advance by properly operating the steering gear and steering the steering gear well and accurately.

Nevertheless, under the influence of alcohol, the Defendant neglected to stop on the front side of the Defendant’s vehicle and received the back part of the Defendant’s vehicle’s front part of the drive of the victim C (the 43-year-old driver) who was parked pursuant to the new subparagraph.

As a result, the Defendant suffered injury to the victim C, who is the driver of the vehicle in the above C, such as salt and tensions that require approximately three weeks of treatment, and injury to the victim E, who is the passenger of the vehicle in the C, for about three weeks of treatment.

2. Violation of the Road Traffic Act (driving) the Defendant driven a ice B vehicle while under the influence of alcohol of about 0.122% of alcohol concentration at the section of approximately 1.5 km from G in the date and time stated in paragraph 1 to the place of the accident described in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Report on the occurrence of a traffic accident;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. The actual condition survey report on traffic accidents and photographs of traffic accidents;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to inquiry into the results of crackdown on drinking driving;

1. Article 3(1), proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 16037 of the former Road Traffic Act as to the crime.

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