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(영문) 전주지방법원 2018.09.18 2018고정211
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

A. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person driving a cuss car in B.

On December 7, 2017, the Defendant driven the above vehicle around 18:55, and proceeded with the front road of the Seojin-gu Seoul apartment site in the Jeonjin-gu, Seoul at the Jeonjin-gu, Seoul.

In such cases, the driver of a motor vehicle has a duty of care to live well in the front, left, and well and drive the motor vehicle safely.

Nevertheless, the Defendant neglected to do so and neglected to do so and caused the injury to the left-hand side of the victim D(Y 24) who temporarily stopped on the front-hand side of the said vehicle while under the influence of alcohol, and caused the shock on the left-hand side of the said vehicle E(Y 24).

As a result, the Defendant received, by the above occupational negligence, approximately two weeks of “finites and tensions” in need of medical treatment, and at the same time suffered from the victim F (F, 20 years of age) who was accompanied by the damaged vehicle, about two weeks of medical treatment.

B. The Defendant, while under the influence of alcohol level of 0.104% during the temporary border blood of the above “A”, was driving a cub car in the section B of approximately 4 km from the front road of the “mutual influence house” located in the front of the “Seoul-gu Seoul Metropolitan City Apartment-gu Apartment-gu Apartment-gu apartment security room” on the front road in the front of the “mutual influence house” located in the front city of the Jeonju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site photographs;

1. A report on the detection of a primary driver;

1. Statement of the circumstances of the driver involved in driving;

1. Statement hearing report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2(2)2 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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