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(영문) 의정부지방법원 고양지원 2019.09.19 2019고정519
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving of a Grand City vehicle B in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On April 26, 2019, while under the influence of alcohol 0.103% of the blood alcohol concentration at around 21:00, the person driving the above vehicle and driving the road of four lanes in the C Part C at the speed of each hour at the speed of about 10K mn, depending on the one-lane speed from the flow-line to the waterside of the mountain.

Drivers of all vehicles shall not drive under the influence of alcohol, and the accident place has a duty of care to reduce speed as an intersection where signal lights are installed, temporarily stop, and ensure the traffic of other vehicles, and to ensure safety distance from the front vehicle.

Nevertheless, the Defendant neglected the above duty and proceeded with the safety distance from the front vehicle without securing the safety distance from the front vehicle, and caused the back part of the D QM6 vehicle in front of the Defendant’s vehicle by negligence at the place of the said accident.

The Defendant, through occupational negligence above, sustained injuries to the victim E (40 years of age, female, F (10 years of age, female, 50), G (50 years of age, female, H (50 years of age, female), I (35 years of age, female), and W (35 years of age, etc.) of cryp and tension in need of two weeks of treatment, and suffered injuries to the son J (3 years of age, South) of the head unknown part.

2. On the same date and time as the above paragraph 1 of the Road Traffic Act, the Defendant driven a Grand Kanop vehicle from the front of the Yongsan-gu Seoul Metropolitan City K-si to the front of the Pakistan-si, with a blood alcohol concentration of about 700 meters from a 0.103% alcohol level from the road of the Pakistan-si to the front of the Pakistan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, G, H, and I;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. The actual condition survey report;

1. On-site photographs;

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

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 16037 of the Road Traffic Act, which is amended by Act No. 16037, Dec. 24, 2018.

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