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(영문) 수원지방법원 2017.05.30 2017고단711
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Criminal facts

1. The Defendant is a person who is engaged in driving service of a motor vehicle lurged by sod from B in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and Road Traffic Act (unnecessary Measures after Accidents).

On December 29, 2016, the Defendant driven the said car under the influence of alcohol level of 0.194% among blood transfusions on December 23:25, 2016, and driven the front road in the Young-gu, Young-gu, Suwon-si, at the sick point, along the two-lanes between the two-lanes.

At night, at this time, a person engaged in driving of a motor vehicle has a duty of care to see the front side and the right and the right and the right, and to accurately operate the steering and the brakes.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving the victim D(52) who stops in the front of the signal signal in the front of the passenger vehicle due to the negligence of neglecting this, received the rear part of the E-si driving in front of the said car.

Ultimately, the Defendant, by occupational negligence, committed an injury to the victim D, such as chills, tensions, etc. in need of approximately two weeks of medical treatment, and escaped without taking necessary measures, such as immediately stopping, and providing relief to the victim F (36 years of age) who was on board the chill.

2. On December 29, 2016, the Defendant: (a) driven a motor vehicle with alcohol content of at least 0.194% while drunkly under the influence of alcohol at the 4km section from the bottle store center located in the Dong in the Sinsung-si, Suwon-si; (b) on December 29, 2016, the Defendant driven a motor vehicle with alcohol level of at least 0.194%.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of each traffic accident related to D or F;

1. A traffic accident report, a report on detection of drivers of primary driving, and a list of records on drinking measurement;

1. Relevant photographs;

1. Application of statutes to each medical certificate and a detailed statement of medical expenses;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act (in the case of occupational negligence).

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