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(영문) 수원지방법원 2018.05.15 2018고단1156
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 who is engaged in the operation of B Lastren motor vehicles.

On February 12, 2018, the Defendant driven the said car under the influence of 0.133% of alcohol concentration among blood transfusion around 22:59, and driven the said car along the five-lane radius from the area of the luminous road, which is located in the 442-lane in the Changwon-gu, Changwon-gu, Suwon-si, Suwon-si.

At the time, there are many vehicles with snow, and there are many places, and the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by accurately manipulating the steering gear, brake system, etc.

Nevertheless, under the influence of alcohol, the Defendant received the back portion of the victim C(45)'s rocketing car in front of the signal signal signaled to the front bank due to negligence, and caused the above damaged vehicle to be pushed in the future, and let the victim E(57) in front of the signal signaled vehicle receive the back portion of the FM7 car.

As a result, the Defendant suffered from the victim C’s occupational negligence the injury such as fluoral salt, tensions, etc., which requires approximately three weeks of medical treatment, and the victim E suffered from the injury of fluoral salt and tensions that require approximately four weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement E and C;

1. The actual investigation report on traffic accidents;

1. Epicing a black stuff photographic photograph and a photograph at the scene of an accident;

1. A report on the detection of a primary driver;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

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

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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

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