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(영문) 광주지방법원 목포지원 2019.07.05 2019고단34
교통사고처리특례법위반(치상)등
Text

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

If the defendant does not pay the above fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

A. The Defendant is a person who drives B-B vehicles in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On December 09, 2018, the Defendant driven the above vehicle on the road near Yongnam-gun C in the state of alcohol of 0.056% of alcohol concentration around 02:30%, while driving the said vehicle on the road near Yongnam-gun C, and driving the vehicle on a three-lane road from the west-Eup to the west-gun.

At the time of the accident, the Defendant was under the influence of alcohol and was following the damaged vehicle, so all drivers of vehicles have a duty of care to properly use and safely drive the steering direction and brake system of the vehicle through thorough operation, such as the electric field, etc., while under the influence of alcohol.

Nevertheless, the defendant neglected such duty of care and is proceeding as is.

Along with the above speed prevention level, the part behind Efrancing of the victim D's Efrancing, which is making a net stop, was shocked into the front part of the above francing vehicle.

The Defendant, by negligence in the course of performing the above duties, suffered from the injury of f (52 years of age, south), G (47 years of age, south), and H (43 years of age, south) in the cream f (52 years of age, south), tension, etc., for about two weeks of medical treatment.

B. The defendant is in violation of the Road Traffic Act (driving).

In the state of temporary blood alcohol concentration of 0.056% 0.056%, the above is from the roads near the Gamamamama-gun I apartment in Yong-gun.

Up to the place of the traffic accident like the paragraph, the above Ⅱ has driven approximately 10 km.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Report on the occurrence of a traffic accident, report on the actual condition of the traffic accident, and evidence and photographs of the traffic accident;

1. Each written diagnosis (F, G, H);

1. Application of Acts and subordinate statutes to a report on circumstantial statements of a drinking driver, inquiry into the results of the regulation of drinking driving, notification of the results of the regulation of drinking driving, 112 reported cases, investigation report (calculated of blood alcohol concentration at the time of the suspect's accident);

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

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