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(영문) 수원지방법원 2020.11.24 2020고단6196
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a rocketing car.

1. Around 08:24 August 25, 2020, the Defendant driven the said rocketing car under the influence of alcohol content of about 0.133% in a section of about 20 meters from the Do of the wife population C to D nearby a nearby road located in the wife population as permissible from the Do of Yong-si to the area of approximately 20 meters.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) and violation of the Road Traffic Act (hereinafter “Road Traffic Act”), while driving the said vehicle on the side road near D in the wife population at the time of the temporary border as set forth in paragraph (1), the Defendant attempted to make a right-hand turn in the direction of the marina distance.

In this case, there was a duty of care to look at the right and the right and the right and the right and the right and the right and the right and duty of care to proceed without the central line.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so, and due to the negligence near the center line, and by the negligence bypassing and bypassing it, received the part of the Defendant’s vehicle back to the left-hand part of the FK5 Driving of the Victim E(25 years old) driving, which was proceeding along one lane in the opposite direction of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to E’s report on the actual condition of a drinking driver’s, report on the circumstantial statement, photographs (on-site photographs, black scambling site images) as a result of the drinking control;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 2, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (3) 2, and Article 44 (1) of the Road Traffic Act concerning the selection of fines;

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

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