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수원지방법원 성남지원 2018.05.24 2018고단631
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine not exceeding six million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in the B AW test.

On February 22, 2018, the Defendant driven the said car under the influence of alcohol level of 0.194% from blood alcohol level around 23:19 on February 22, 2018, and continued to drive a one-lane road in front of Gwangju City at the intersection at the entrance of the Dong-ri, along about 40 km in the direction of the Si-type intersection.

Since there is a place where the center line of yellow solid lines is installed, a person engaged in driving service has a duty of care to thoroughly see the front time and to protect the tea and drive safely.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the victim D(53) driving on the opposite lane due to the negligence near the center line, and received the front portion of the victim D(53) driving on the left left side of the water vehicle of the 20th Twitter, in front of the Defendant’s driver’s car.

Ultimately, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately three weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on the actual condition of traffic accidents, a report on the detection of a driver with a primary driver, a alcohol appraisal report on blood and a criminal investigation report (the above dmark official application);

1. A medical certificate;

1. Application of Acts and subordinate statutes to photograph photographs by cutting off the scene of an accident, CCTV images around the site of an accident;

1. Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, and Article 3(1)2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents (referring to the injury caused by occupational negligence), Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (the point of driving drinking), and each fine is selected [the punishment shall be imposed by a fine, taking into consideration the following factors: (a) the degree of the violation of the duty of due care and the degree of the principal practice; (b) the defendant is against the mistake; (c) the fact that the defendant is against the mistake; (d) the first and second crimes with no history of punishment; (c) the degree of damage is relatively heavy; (d) the vehicle driven by the defendant is covered by comprehensive insurance; and (e) the fact that the victim has agreed separately after prosecution.