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(영문) 의정부지방법원 고양지원 2020.05.07 2019고단3735
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 15 million.

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) by the Defendant is a person engaged in driving a B car with B car.

On August 22, 2019, the Defendant driven the said car while under the influence of alcohol 0.186% of blood alcohol level around 04:30 on August 22, 2019, and continued to drive the said car before the bus platform in C at the time of strike.

In this case, there was a duty of care to prevent accidents by properly operating the steering system and brake system of a motor vehicle to a person engaged in driving of a motor vehicle, and by properly examining the front and rear left.

Nevertheless, the Defendant, while driving a roadside while under the influence of alcohol and neglected to operate the steering gear and brakes properly, caused the bus platform poles on the right side of the Defendant’s proceeding direction to be shocked by the negligence of neglecting the steering gear and brakes.

The Defendant suffered from the injury of the victim E (Nam, 34 years old) who was the passenger of the foregoing vehicle due to the foregoing occupational negligence, such as a pelvis franc, etc. in need of approximately six weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) driving the said car under the influence of alcohol at approximately 0.186% in the section of about 3.94 km from G Gain in F at the time of a temporary border of the week to the point of the said accident.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. A medical certificate;

1. The application of Acts and subordinate statutes to the report on the occurrence of traffic accidents, site photographs of accidents, the report on the circumstantial statements of the drinking driver, and the circumstantial report of the drinking driver (Evidence No. 6) and the results of crackdown on drinking driving;

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(3)2 of the Road Traffic Act and Article 44(1) of the Road Traffic Act concerning criminal facts, the reasons for sentencing following the choice of fines for each case.

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