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(영문) 수원지방법원 2019.10.31 2019고단4387
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 17,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On March 30, 2018, the Defendant received a summary order of KRW 1,50,000,000 from the Seoul Western District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

The Defendant is a person engaging in driving a car B.

On July 26, 2019, at around 04:23, the Defendant driven the said car while under the influence of alcohol of 0.067% of blood alcohol concentration. On July 26, 2019, the Defendant got to turn to the left in the direction of the right-hand direction from the right-hand direction at the right-hand direction according to the one-lane between four-lanes near the distance of the Sungdo-dong, Sungdo-dong, Mando-dong, and the turn to the right-hand turn.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with good faith by accurately operating the steering and steering gear.

Nevertheless, the Defendant neglected this and neglected to make a left-hand turn while the former stop signal, and received the front part of the victim C(38 years old) driving in the opposite direction, and received the front part of the said Liber vehicle.

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

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Statement under circumstances;

1. Survey report on the actual condition, and video analysis of black stay;

1. Notification of the control of drinking driving;

1. On-site photographs;

1. A medical certificate;

1. Previous for judgment: Criminal history records, inquiry reports, investigation reports (Attachment of the previous record and summary order), and application of one copy of summary order Acts and subordinate statutes;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of a sentence, Article 3 (1), the proviso of Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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