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(영문) 창원지방법원 2020.09.15 2020고단1734
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a B-learning car.

On May 15, 2020, the Defendant driven the said car under the influence of alcohol level of 0.038% on blood alcohol level around 13:45 on May 15, 2020, and led the Defendant to drive the said car at an influent speed from the surface of the offline of the D apartment at the Jinhae-gu Seoul Special Metropolitan City, Changwon-gu, Changwonwon-si.

Since there is a road in an apartment, there was a duty of care to prevent accidents in advance by driving safely with a person engaged in driving service as well as a person who is engaged in driving service.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this and going to the right side from the left side of the running direction, was driven by the victim F(70 years old) driving the Gcar, followed the left side of the Gcar No. 70, and the part was driven by the Defendant’s driving in front of the said car.

As a result, the Defendant suffered injury to the victim, such as catheral and catum salt, which requires approximately three weeks of treatment by occupational negligence as above.

2. The Defendant violated the Road Traffic Act (driving) driving the said vehicle under the influence of alcohol with a blood alcohol concentration of about 0.038% from the 15m section from the front side of the Jinhae-gu Seoul Metropolitan Autonomous Complex Ddong to the front side of the apartment E-dong, Changwon-si, Seoul Metropolitan City at the time and time specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. Report on the occurrence of a traffic accident, report on the actual condition, diagnosis certificate, report on the circumstantial statement of a drinking driver, report on the state of a drinking driver, report on the state of a drinking driver, and report on the results of the crackdown on drinking driving;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to 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 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act;

1. An accident of selective fine for punishment shall be an accident;

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