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(영문) 수원지방법원 여주지원 2014.05.16 2014고단157
교통사고처리특례법위반등
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 in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving of B-to-purd passenger vehicles.

On November 30, 2013, the Defendant driven the above vehicle while under the influence of alcohol 0.075% of blood alcohol level 0.075% on November 30, 2013, and proceeded by using the two-lane 279 kilometers from the Seocho-gu, Jincheon-gun, Jincheon-gun, Seoul to Daejeon as the second-lane, the Defendant discovered a numberless non-vehicle that was in progress before, and changed the course to the first-lane.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent the occurrence of a traffic accident in advance by accurately manipulating the steering and steering gear.

Nevertheless, the Defendant neglected to perform his/her duty under the influence of alcohol and changed his/her course in the same way as it is, and brought about by the victim C(29 years of age) who was driving in the same lane, the first aspect of the driver's seat of the above B vehicle.

Ultimately, the Defendant suffered injury to the victim C, such as salt, tensions, etc., in need of approximately two weeks of medical treatment due to occupational negligence as above, and injury to the victim E (V, 27 years of age) who is the passenger of the vehicle in question, such as crums, tensions, etc. in need of medical treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving a sound driving) at the time and time set forth in paragraph (1) above, while under the influence of alcohol of 0.075% of blood alcohol level, the Defendant driven the vehicle from the day before the cafeteria located in the Gyeonggi-si, Chungcheongnamcheon-gun, Jincheon-gun at approximately 40 km away from the day before the cafeteria located in the Gyeonggi-do to the point 279 km away from the Seocho-gun, Jincheon-gun, Jinnam-gun, Seoul

3. The Defendant in violation of the Road Traffic Act caused an accident described in paragraph (1) due to the foregoing negligence in the time, place, etc. set forth in paragraph (1) and thereby causing the victim C to have a car at KRW 7,817,146 of the repair cost.

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