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(영문) 수원지방법원 성남지원 2017.04.26 2017고정251
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On October 2, 2016, the Defendant: (a) driven a C-eth alcohol vehicle under the influence of alcohol content of about 0.188% at a section of about 10km from the 10km road to the front road of Gwangju-si, Gwangju-si, around 02:50 on October 2, 2016.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who drives a car with a C-related car.

On October 2, 2016, the Defendant driven a car at a e-mail level above 03:20 on October 2, 2016, and led to the driving of the car at a speed of about 40km per hour from the center of the city of Gwangju to the urban park near the urban park in the city of Gwangju.

At the time, since it is night and a vehicle is passing through, in such a case, the driver of the vehicle has a duty of care to check whether there is a vehicle stopped in front of the vehicle, and to prevent the accident in advance by safely driving the vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, did not discover the Drocketing car which temporarily stops for passengers' getting off, and did not proceed as it is, received the part of the front part of the said Ethya car as the front part of the said Ethya car.

Ultimately, the Defendant suffered from the victim E (44) and the victim F (45) who was on board the said rocketing car due to the above occupational negligence, respectively, for about two weeks of treatment, such as base salt and tension.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of a traffic accident (1) (2);

1. The circumstantial report of the driver employed at the main place;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the driving of alcohol;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. Aggravation concurrent crimes;

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