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(영문) 수원지방법원 2020.10.22 2020고단4994
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

On October 24, 2016, the Defendant was sentenced to a fine of 2 million won for the violation of the Road Traffic Act at the Suwon District Court's Pyeongtaek site(hereinafter referred to as Suwon District Court) and is engaged in driving of B rocketing car.

1. Around 22:40 on July 4, 2020, the Defendant: (a) driven the said car in the direction of “F cafeteria” in the direction of “D” in the direction of “F cafeteria” on the front of the “D” located in E” in the eth of the pulse City while under the influence of alcohol level of 0.198%.

At the time of the defendant's proceeding, the HK5 car driven by the injured party G (Nam, 27 years old) stops. In such a case, there was a duty of care to prevent accidents by properly examining the front, rear, and left direction prior to the moving of the vehicle to the person engaged in driving the vehicle.

Nevertheless, the defendant neglected this and proceeded with the above K5 vehicle backper by negligence. The defendant shocked the above K5 vehicle fronter.

Ultimately, the Defendant caused the above victim and the victim I (the age of 27) who was the same as the above victim due to the above occupational negligence, to suffer injuries, such as salt, tensions, etc. in the cirratum requiring treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) driving a rocketing car on the four km section from the “K,” in the form of alcohol of 0.198% of the blood alcohol level at a temporary border, such as the above 1.1. to the back end of the L building, while under the influence of alcohol level 0.198%.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. The fact-finding report on the actual condition of a driver, the circumstantial statement, and the notification of the results of the drinking driving control (Evidence No. 41 pages of the evidence record);

1. Each written diagnosis;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Handling of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act (the point of driving while driving a motor vehicle);

1. Trade name;

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