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(영문) 수원지방법원성남지원 2020.10.29 2020고단2499
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

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 B K3 cars.

On June 13, 2020, the Defendant driven the said car under the influence of alcohol of 0.117% with a blood alcohol concentration of 07:10%. On June 13, 2020, the Defendant driven the said car along the four-lane road at the point of 0km in Seoul, the outer circular Highway (daily direction) located in Sungnam-si, Sungnam-si, along the four-lane road.

Since the frequent passage of a vehicle is an expressway, the driver of the vehicle is prohibited from driving under the influence of alcohol, and the driver of the vehicle has a duty of care to safely drive the vehicle by making a good report on the traffic situation and accurately manipulating the steering direction, brakes, etc.

Nevertheless, the Defendant neglected this and went to the right side of the Dice Track's freight vehicle driven by the victim C (Nam, 29 years old) who went along three-lanes when leaving the car line by the negligence of driving the vehicle under the influence of alcohol, and went to the right side of the said K3 vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to occupational negligence.

2. Around 07:10 on June 13, 2020, the Defendant driven B K3 automobiles while under the influence of alcohol alcohol content of about 0.17% at a distance of about 25 km from the Do near the new funeral distance located in the Hanam-si to the point (day delivery direction) located in the Gangnam-si, Sungnam-si from the Do near the new funeral distance.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a traffic accident report, report on the circumstantial statement of a drinking driver, accident site photograph, diagnosis certificate, inquiry report for appraisal request, and notification of the results of the influence of drinking driving (blood collection result);

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and the Criminal Act;

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