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(영문) 대전지방법원 2019.11.29 2019고단3861
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-speed car B.

On September 6, 2019, at around 00:33, the Defendant driven the said car while under the influence of alcohol of 0.101%, and made the intersection without the central line of the building in front of the Daejeon U.S. turn to the left at the E Research Center from the dward point of view.

At night, the above place was installed at the front of the road, so in this case, the driver of the vehicle had a duty of care to check whether there is a pedestrian or not in the crosswalk, and to safely drive the vehicle, by taking into account well the front of the road while under the influence of alcohol.

Nevertheless, the defendant neglected to turn to the left as it is, and caused the victim to go beyond the left-hand side of the victim F (the age of 32) who was a pedestrian who was walking the above crosswalk in the opposite part of the defendant, to go to the left-hand side of the driver's vehicle, and caused the victim to go to the left-hand side of the driver's vehicle.

As a result, the Defendant suffered injury to the above victim, such as chest frighting, which requires approximately four weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to F, G, and H;

1. A traffic accident report, report on the results of the control of drinking driving, report on the situation of a drinking driver, report on investigation, and a detailed statement of handling of 112 reported cases;

1. A medical certificate;

1. Application of the photograph and video CD-related Acts and subordinate statutes, such as the site of the case and the measurement of drinking;

1. Article 3(1) and proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 6 and 8 of the Criminal Act, Article 268 of the Criminal Act, Article 148-2(3)2 and Article 44(1) of the Road Traffic Act, the severity of danger and harm of each fine selective driving, the degree of alcohol concentration and degree of violation of duty of care, degree of injury to the victim.

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