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(영문) 청주지방법원 충주지원 2019.06.05 2019고정8
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a passenger car with B low-speed.

At around 00:40 on September 16, 2018, the Defendant driven the said car while under the influence of alcohol of 0.117%, and led the said car to go through the intersection of the private distance in front of the Chungcheongnam-gun C in the D market, from the surface of the D market to the surface of Samsung-Myeon.

At the same time, the signal was an intersection where the signal was installed, so in such a case, the driver of the motor vehicle had a duty of care to safely drive the motor vehicle in accordance with the signals by checking the front side and the left and right of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving in violation of the signal of the red stop flap, and the Defendant’s negligence in driving on the right side of the Defendant’s car and shocked into the front part of the F Sspke car driven by the victim E (W, 23 years old) who was directly engaged in green straight flap flap from the Masp-to the Masp-to the right side of the car.

Ultimately, the Defendant suffered injury to the victim, such as the escape symptoms of the 4-5 side signboard that requires approximately three weeks of medical treatment due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driven a B low-speed car under the influence of alcohol with approximately 0.117% alcohol concentration from the 4.5km section from the 4.5km section to the front road of the Jincheon-gun, Jincheon-gun, Jin-gun, the date and time limit set forth in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Investigation report (report on the situation of running a motor vehicle at home);

1. Inquiry into the enemy;

1. A written diagnosis;

1. Application of Acts and subordinate statutes concerning field photographs and black stay images;

1. Article 3 (1), the proviso of Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Article 268 of the Criminal Act concerning criminal facts, and the Gu.

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