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(영문) 수원지방법원 안산지원 2020.01.17 2019고단3903
교통사고처리특례법위반(치상)등
Text

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

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 B observer car.

On September 16, 2019, the Defendant driven the above vehicle at around 23:30 on September 23, 2019, and moved back the front road C at the cultural distance to the direction of the police box at the speed of a fire.

At the time, there was a duty of care to check the right and the right and the right and the right before moving the right and the safety of the course of the vehicle to the person engaged in driving of the vehicle, because it was at night and the passage of the vehicle is frequent.

Nevertheless, while under the influence of alcohol level 0.073%, the Defendant did not discover the E rocketing taxi driven by the victim D (the age of 62) who was stopped at the bed bank due to negligence by neglecting it while under the influence of alcohol level 0.073%, and did not discover the said taxi under the influence of the victim D(the age of 62). The Defendant was placed on the back part of the driver's seat in front of the Defendant's vehicle.

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.

2. The Defendant violated the Road Traffic Act (driving) driving a B observer car in the state of alcohol with the blood alcohol concentration of about 0.073% in the section of about 2 km from the Ya-dong Yari-dong at the time of the temporary border as set forth in paragraph (1) to the front road of the Silung-si.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident actual condition survey report and a traffic accident occurrence report;

1. Report on the state of state of drinking drivers, notification of the results of the drinking driving control, and output;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (3) 3 and Article 44 (1) of the Road Traffic Act, and the selection of fines;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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