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(영문) 창원지방법원 2020.05.26 2020고단115
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine not exceeding nine 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. Around 22:50 on December 18, 2019, the Defendant driven a motor vehicle of hurburged B while under the influence of alcohol leveling approximately 0.134% of alcohol level at approximately 0.2km in the original direction of the second line on the South Sea Highway, which is located in the main line of Gyeongnam Kim-si, Gyeong-si, Seo-gu, Seo-gu, Busan, from the front side of a cafeteria, which is located in the Seo-gu, Seo-gu, Busan.

2. The defendant is a person who is engaged in driving a passenger car as referred to in paragraph (1).

On December 18, 2019, the Defendant driven the above vehicle at around 22:50, and changed the course into one lane while driving the two-lane road of 0.2km away from the original direction of the area of the second line of the South Sea Highway, which is located in the area of the Jeju Kim-si, Kim Jong-si.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents by safely changing the course after checking whether the driver of a motor vehicle is likely to impede normal traffic of other motor vehicles and whether it is likely to impede normal traffic of other motor vehicles.

Nevertheless, the Defendant neglected this and neglected to change the course to a single-lane under the influence of alcohol as described in Paragraph 1, and received the part of the Dratvia car driving by the injured party C(58 years old) who was driving along one-lane, into the left side of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury, such as a 1 cage cage cage cage cage fage, which requires approximately four weeks of medical treatment from the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the victim;

1. The actual condition survey report, photograph, diagnosis report, the circumstantial statement of a drinking driver, the report on the actual status of the drinking driver, and the inquiry into the results of the crackdown on drinking driving;

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

1. Article 3 of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Selection of Punishment.

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