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(영문) 광주지방법원장흥지원 2020.11.05 2020고단40
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Punishment of the crime

1. A person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving a motor vehicle with two highest motor vehicles.

On December 13, 2019, the Defendant driven the above car on December 21, 2019, and continued to drive it on the road in front of the D Association C located in the Seoul Special Self-Governing Province, Jeonnam-gun, with the direction of the outflow of the Silung-gun Office from E-section.

Since there was a road crossing that does not regulate traffic, there was a duty of care to prevent accidents in advance, such as accurately operating and safely driving the steering and brakes at the right edge of the road.

Nevertheless, the defendant neglected this and led to the right-hand side of the road and driven by the alcohol level of 0.062% on the left-hand side of the road, due to the negligence of driving the vehicle while under the influence of alcohol level of 0.062% on the side of the road, and the part above the left-hand side of the GM3 car of the victim FJ3 driving, which was driven toward the door-hand side of the vehicle by the defendant.

After all, the Defendant suffered injury to the victim, such as brain salvin, which requires medical treatment for about two weeks due to such occupational negligence.

2. From around 21:40 on December 13, 2019, the Defendant driven a vehicle with low alcohol level of 0.062% at a section of about 500 meters from the 500-meter radius to the place specified in paragraph 1, at around 21:40, the Defendant driven a vehicle with low alcohol level of 0.062% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, notification of the results of the drinking driving control, and application of Acts and subordinate statutes to medical certificates;

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

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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