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(영문) 창원지방법원 2020.05.13 2020고단53
교통사고처리특례법위반(치상)등
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Defendant shall be punished by a fine of KRW 8,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[Criminal Power] On July 20, 2009, the Defendant was issued a summary order of KRW 1 million by the Changwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On December 14, 2019, at around 10:35, the Defendant driven the said SM5 car while under the influence of alcohol concentration of 0.078% as a driver of the BM5 car, and led the Defendant to drive the said SM5 car in the direction of the square in the direction of the 3-lane from the border direction.

At the time, the Defendant followed the victim E (n, 25 years old) driving car, and thus, in such a case, the driver of the vehicle was well aware of the situation, and the driver of the vehicle had a duty of care to ensure safety distance to avoid when the vehicle stops, to accurately manipulate the steering gear and brakes, and to prevent the accident from occurring.

Nevertheless, the Defendant neglected to stop so and neglected to stop, and caused the driver to be the front driver of the above SM5 vehicle, which was under the influence of driving, and due to the shock, caused the driver to go ahead of the above SM5 vehicle, and caused the driver to go ahead of the H6 vehicle operated by the victim G (the age of 40) by driving the H6 vehicle.

Ultimately, the Defendant suffered injury to the victims, such as salt ties, tensions, etc. in need of approximately two weeks of treatment by the aforementioned negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, and inquiry into the results of the control of drinking driving;

1. Each written diagnosis;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;

1. Relevant Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. The Criminal Act among concurrent crimes.

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