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(영문) 의정부지방법원 2020.10.15 2020고정1210
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Lone Star Cargo Vehicles B.

At around 19:50 on June 5, 2020, the Defendant driven the above cargo vehicle while under the influence of alcohol level of 0.085% at the time of the Government of Gyeonggi-si, the Defendant driven the above cargo vehicle toward the governmental station on the side of the possible station.

No one shall drive a motor vehicle under the influence of alcohol, and a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by safely driving by checking the traffic conditions on the front side and right side.

Nevertheless, the Defendant was negligent in neglecting this and driving in the same direction as the Defendant, and was driven by the victim D (Nam, 47 years old) who stops in the signal air in the same direction as the Defendant, and received the back part of the Esawa car as the front part of the said Lone Star Cargo.

Ultimately, the Defendant suffered injury to the Victim F, a passenger of the said shower car, such as the victim D and the said shower car, in the above occupational negligence, for approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the report on the occurrence of traffic accidents;

1. Report on the result of the control of drinking driving, and report on the state of drinking drivers' state of standing;

1. Application of each of the D's written diagnosis Acts and subordinate statutes;

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

1. Crimes provided for in Articles 40 and 50 of the Criminal Act among those of ordinary concurrent crimes (any injury resulting from violation of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. All of the sentencing conditions in the instant case, including the following circumstances, for the reasons of sentencing under Article 334(1) of the Criminal Procedure Act.

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