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(영문) 전주지방법원 2020.11.18 2020고정182
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. A person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving automobiles by making a franchise;

On February 21, 2020, the Defendant driven the said car with the blood alcohol concentration of 0.084% 0.084% on February 21, 2020, while driving the said car, leading the front of the Heungsan-gu C apartment at the Jeonju-gu, to the efficiencies.

At the time, there was a rain at night, and there was a signal at that place, so the driver of the motor vehicle has a duty of care to safely proceed in accordance with the signals indicated by the signal apparatus by reducing speed and by properly examining the right and the right of the driver of the motor vehicle.

Nevertheless, the defendant, while under the influence of alcohol, continued to turn to the left at the front of the defendant's vehicle, was shocked by the victim D (the age of 61) who was under a stop for the left-hand turn.

The Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

2. A violation of the Road Traffic Act (driving) was driven under the influence of alcohol by the Defendant from a 500-meter range from the front of the mutual influence road to the front road of the previous C apartment at the time and bordering as set forth in paragraph (1) of this Article, with a blood alcohol concentration of 0.084%.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the police interrogation protocol against the accused;

1. Investigation report on the actual condition of a traffic accident, vehicle photographs of the accident scene and accident, notification on the results of crackdown on drinking driving, report on the situation of drinking drivers, investigation report (report on the circumstances of drinking drivers), medical certificate, and resident inquiry;

1. Application of Acts and subordinate statutes to investigation reports (related to attachment of accident images);

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and the Criminal Act;

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