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(영문) 창원지방법원 2019.11.27 2019고단2977
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Punishment of the crime

On March 22, 2010, the defendant was issued a summary order of KRW 1 million by the Changwon District Court for the crime of violation of the Road Traffic Act (LA) and is engaged in driving a car in B SP area.

On September 11, 2019, at around 07:10, the Defendant, while under the influence of alcohol with 0.042% of blood alcohol concentration, driven the car volume of the above Spo-land and continued the intersection of the three-distance crossing in front of the Jari-gu, Jari-gu, Changwon-si, in accordance with the direction of the direction of the Npoterri-ri.

Since the location has an intersection where signal lights are installed, there was a duty of care to reduce speed to those engaged in driving of motor vehicles and safely drive motor vehicles according to signals.

Nevertheless, while under the influence of alcohol, the Defendant neglected it and received the front part of the vehicle on the driving log of the victim D(50 years old) driving math car in the right side of the driving direction, which was left left by the direct negligence in violation of the signal, from the left side of the driving direction.

In the end, the Defendant suffered the victim FF (the 20 years of age) who was on board the top of the cage cages at the left-hand cages, etc. requiring approximately four weeks of medical treatment of the victim D by the foregoing negligence, and suffered approximately two weeks of medical treatment of the victim FF (the 20 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident, a report on the actual condition of the traffic accident, a report on the actual condition, a black stuff, video, or a photograph

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

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

1. Article 3 (1), the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of each alternative fine for punishment;

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