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Reasons
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(영문) 의정부지방법원 2019.08.22 2019고정1043
교통사고처리특례법위반(치상)등
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Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 00:01 on April 7, 201, the Defendant driven a DMW 320d car under the influence of alcohol leveling 0.131% from the section of about 10 meters of alcohol level to the road in front of the C-public parking lot located in the same city, from the front of the Gu-si building B to the road in the same city.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a vehicle with DMW 320D.

On the date stated in paragraph (1), the Defendant driven the said car while under the influence of alcohol level of 0.131% at the time of alcohol level, and turned down the front road E at the time of the Speaker's Government at a speed from the surface of the B building specified in paragraph (1) to the entrance of the public parking lot C as specified in paragraph (1).

In such cases, there was a duty of care to prevent accidents by safely driving a motor vehicle by ensuring that the driver of the motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle, such as thoroughly operating the left, right, and right, and right, and right, and right, and right

Nevertheless, the Defendant, while under the influence of alcohol, neglected to stop in the aftermath due to the negligence of the Defendant, caused the victim’s injury, such as salt, tension, etc., which requires approximately two weeks of treatment, following the left-hand side of the Grash 320D car of the 21-year-old Grash driving (hereinafter “21-year-old driving”), by taking the part of the mond, following the left-hand side of the said BMW 320D car.

Summary of Evidence

1. Defendant's legal statement;

1. Each traffic accident statement of F;

1. The actual condition survey report, the report on the circumstantial statement of a drinking driver, the inquiry into the results of the control of drinking driving, and the medical certificate;

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

1. Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)2 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); selection of fines for each crime;

1. Article 37 of the Criminal Code among concurrent crimes.

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