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(영문) 수원지방법원 안양지원 2018.07.25 2018고단904
교통사고처리특례법위반(치상)등
Text

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. The defendant is a person who is engaged in driving service of Branchising cars in violation of the Special Act on the Settlement of Traffic Accidents.

On February 27, 2018, the Defendant, while under the influence of alcohol content of 0.121% among the blood transfusion around 18:10, 2018, was driving two lanes along the intersection of the 363 Onnuri church, which is a military port lake, along the intersection of the shooting distance in front of the 363 Onnuri church, along the two-lanes in the direction of the bititan oil incineration station.

At the time, the two lanes that the defendant was driven by the defendant is the right of way, and the one lane is the right of way, so in such cases, the driver of the motor vehicle has the duty of care to prevent accidents in advance by driving the motor vehicle safely, such as driving the motor vehicle on the right of the front side, operating the steering and operation system accurately, changing the steering and operation system into the right of way and driving in the right of way.

Nevertheless, under the influence of alcohol, the Defendant, due to the negligence of driving in the straight line from the two lanes without changing the lanes, brought down the part of the victim C(68 S) driving in the right edge of the car of the victim C(68 SP) with the driver in front of the left edge of the Defendant’s car.

Ultimately, the Defendant suffered injury to the victim, such as Damal salt, which requires medical treatment for about three weeks, due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a franchise-free car under the influence of alcohol with 0.121% alcohol concentration in blood at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Relevant Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2(2)2 and Article 44(1) of the Road Traffic Act, and the selection of fines concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70 of the Criminal Act to attract a workhouse.

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