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(영문) 창원지방법원 진주지원 2020.05.13 2020고단387
교통사고처리특례법위반(치상)등
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Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. On December 1, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a car with a blood alcohol concentration of 0.111%, while under the influence of alcohol around 23:35 on December 1, 2019, along the eight-lane road facing and right ahead of C when Jinju, by driving a car with a blood alcohol concentration of 0.111%.

At night and in front, the E K5 taxi driven by the victim D(the age of 45) was stopped in accordance with the new subparagraph, so there was a duty of care to prevent accidents by properly operating the front door and the steering system and operating it safely.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting to properly operate the steering direction and operation system and received the back portion of the victim’s automobile as the front part of the Defendant’s automobile.

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

2. On December 1, 2019, the Defendant driven the said car under the influence of alcohol with a blood alcohol concentration of 0.111% at a distance of about 3 km from the Do in front of G in J in Jinju to the roads in front of C in the same city at the same time, around 23:35, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report and photograph;

1. Application of Acts and subordinate statutes to reports on circumstantial statements, investigation reports, and detection of drinking drivers;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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