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(영문) 의정부지방법원 2020.06.18 2020고정639
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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 a vehicle BM3 in accordance with the Act on Special Cases concerning the Settlement of Traffic Accidents.

On January 18, 2020, at around 13:10, the Defendant driven the said vehicle while under the influence of alcohol of 0.20% of blood alcohol concentration, and proceeded two lanes at a speed of about 60 km as soon as possible from the surface of the Jincheon-si, Mancheon-ro, Mancheon-ro, the distance near the new village of the city.

At the same time, there are frequent traffic of vehicles in two lanes, and in such a case, the driver of the vehicle confirmed whether there is a vehicle driving prior to the change of the vehicle line, and the driver of the vehicle has the duty of care to safely change the course and prevent the traffic accident by changing the way.

Nevertheless, the Defendant, while neglecting alcohol, was negligent in changing the lane to the first line, was negligent in driving, and was in driving directly depending on the same lane, and did not discover the Doneone Star motor vehicle of the injured party C (V, 29 years old) driving, and received the front right part of the damaged vehicle with the rear wheels part on the left side of the Defendant’s vehicle.

As a result, the Defendant caused the victim to suffer injury by negligence on the part of the victim in the course of performing his duties, such as salt and tension of the bones of wood, which requires medical treatment for about three weeks.

2. The Defendant violated the Road Traffic Act (driving) driven the said SM3 vehicle under the influence of alcohol by 0.20% of alcohol level at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. C's statement of a traffic accident-related person;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Report on the results of the drinking driving control, the results of the drinking driving control, and the circumstantial statement of drinking drivers;

1. On-site photographs and the photographic site;

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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