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(영문) 수원지방법원 성남지원 2018.02.22 2017고단218
교통사고처리특례법위반(치상)등
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Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a cuss car in B.

On April 3, 2016, the Defendant driven the said car with a alcohol content of 0.123% 0.123% while under the influence of alcohol in blood around 02:50 on April 3, 2016, and continued two lanes from the south IC to the upper IC on the same day along the outer cycle of 19.5km.

At the time of night, there was a duty of care to reduce speed to those engaged in driving service and prevent accidents in advance by checking well.

Nevertheless, the Defendant neglected to do so and proceeded on the front side of the Defendant’s vehicle, thereby driving the victim C (Woo, 27 years old) who was driving on the front side of the Defendant’s vehicle, also received the part on the left side of the Defendant’s vehicle back to the front left side of the Defendant’s vehicle.

Ultimately, the Defendant, as a driver of the D car due to the foregoing occupational negligence, suffered from the injury of the victim E (the victim E (34) who is the passenger of the damaged vehicle, for about two weeks of medical treatment, such as base salt, etc., and suffered from the injury of the victim E (the victim E) who is the passenger of the damaged vehicle for about three weeks of medical treatment.

2. Violation of the Road Traffic Act (drinking driving) driving a cubing car in the section B of approximately KRW 215 km from the area of 215 km to the outer circular road located in the Chungcheongnam-dong, Chungcheongnam-do, Chungcheongnam-si, Chungcheongnam-do, under the influence of alcohol content of 0.123% during the daily border line under paragraph (1).

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

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

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the driving of alcohol;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes

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