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(영문) 의정부지방법원 2019.05.16 2019고정8
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of three 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 a rash car B.

1. Around 08:00 on July 12, 2018, the Defendant driven the pertinent radar car under the influence of alcohol with a blood alcohol concentration of 0.068% at the section of about 10km from the Do preceding C to the front road of the Namyang-si, Namyang-si.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was driving the said vehicle while under the influence of alcohol at a time set forth in Paragraph 1 and proceeded at such speed as would make it impossible to identify the four-lane road in front of the Jin Library, which is located in the said D from the point of leaving the port to the point of view of three-lane way.

In such cases, a driver of a motor vehicle has a duty of care to safely drive the motor vehicle in order to maintain a sufficient safety distance with the motor vehicle ahead, and accurately operate the steering and steering gear, so as not to cause any collisions with the motor vehicle.

Nevertheless, the Defendant neglected this and tried to change the two lanes into the two lanes, and the victim E (the age of 40) driven by the two lanes, followed the right side of the F Unit No. 1, which was driven by the victim E (the age of 40).

Ultimately, the Defendant, by occupational negligence, suffered injury to the above victim E, such as salt ties, tensions, etc., in light of the influence that requires approximately three weeks of medical treatment, injury to the victim G (V, 69 years of age) who is the passenger of the victimized vehicle, such as climatic salt, tensions, etc., and injury to the said victim H (V, 46 years of age), such as climatic salt, tension, etc., for about four weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, G and H;

1. A traffic accident report;

1. On-site map and on-site photograph;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

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

1. Relevant Articles 148-2 (2) 3 and 44 of the Road Traffic Act concerning the facts constituting the crime;

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