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(영문) 부산지방법원 서부지원 2019.09.04 2019고단993
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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a motor vehicle from Category B New-Woon-Woo

On April 14, 2019, the Defendant driven the said car under the influence of alcohol level of 0.09% on blood alcohol level of 03:40% on Apr. 14, 2019, and driven the front side road of D located in Busan thought-gu C from E-section to the front side of the license test site of North Korean father-do.

피고인은 위와 같이 술에 취하여 전방주시를 태만히 하고 조향장치를 제대로 조작하지 못한 과실로 도로 우측에 정차 중인 F 봉고Ⅲ 1톤 트럭의 운전석 문짝 부분을 위 뉴아반떼 승용차 우측 앞부분으로 들이받고 왼쪽으로 튕겨나가면서 때마침 진행방향 좌측에서 보행 중이던 피해자 G(G, 20세)을 위 뉴아반떼 승용차 운전석 쪽 사이드 미러로 들이받았다.

As a result, the Defendant suffered from the injury of the victim, such as the saved salt saves of the treatment days on both sides, due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, the Defendant driven the said new-burged car with the blood alcohol concentration of about 0.099% in the section of about 500 meters in front of D located in H of the Busan L, Busan, while under the influence of alcohol at about 500 meters in front of D.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, inquiries into the results of the control of drinking and driving, and circumstantial statements of drinking drivers;

1. Certificates of medical treatment;

1. Application of field photographs, victim photographs, and statutes;

1. Relevant laws concerning criminal facts, Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2(2)3 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); and selection of fines, respectively;

1. Of concurrent crimes, the maximum amount of the punishments for the crimes as prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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