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(영문) 광주지방법원 2020.07.23 2020고단2446
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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 a vehicle B and III cargo vehicle.

피고인은 2020. 2. 14. 13:40경 혈중알코올농도 0.050%의 술에 취한 상태로 위 화물차를 운전하여 전남 담양군 C에 있는 D 앞 ‘ㅓ’자형 삼거리를 원율삼거리 방면에서 담양댐 방면으로 미상의 속도로 진행하다

The cargo vehicle, which is driven above, has been overtakingd.

당시 그곳은 ‘ㅓ’자형 삼거리 교차로였으므로, 이러한 경우 자동차 운전업무에 종사하는 사람에게는 다른 차를 앞지르기하여서는 안 될 업무상 주의의무가 있었다.

Nevertheless, the Defendant neglected to do so and tried to overtake with the intention of passing ahead.

The victim E(62 years old) driving Fpoter Ⅱ Cargo Ⅱ and even door parts of the left side of the freight was received as the front door of the Defendant’s vehicle’s right side.

Ultimately, the Defendant caused the victim to suffer injury, such as salt, tension, etc. in need of treatment for about two weeks due to the above occupational negligence.

2. On April 13, 2007, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act at the Sung-nam Branch of Suwon District Court on April 13, 2007.

At the above date, the Defendant driven the B-wing and Ⅲ cargo vehicle with the blood alcohol concentration of 0.050% under the influence of alcohol.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. A traffic accident report;

1. A medical certificate;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Previouss before ruling: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (4) 4 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Criminal Act concerning criminal facts;

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