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(영문) 전주지방법원 군산지원 2018.10.17 2018고단736
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving of a motor vehicle B high-priced motor vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

On June 2, 2018, the Defendant driven the foregoing vehicle under the influence of alcohol level of 0.074% from blood alcohol level around 06:40 on June 2, 2018, and led the Defendant to drive the said vehicle in the direction of the central shooting distance from the direction of the d bank in the front of the D bank in the North west-si C.

At this point, the road near the intersection where signal lights are installed, and the defendant's driving vehicle was stopped by the victim E (n, 63 years old) with the red signals of the intersection. In such a case, the driver of the motor vehicle has a duty of care to operate the steering system and brakes in a safe way by properly operating the steering system and brakes.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and neglected to do so, and received the back portion of the vehicle in front of the above-mentioned vehicle driving by the victim with the negligence of proceeding as it is.

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to such occupational negligence.

2. The Defendant was driving a motor vehicle in violation of the Road Traffic Act on the road at the time and place stated in paragraph 1, with a blood alcohol concentration of 0.074% under the influence of alcohol at the same time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Report on the occurrence of a traffic accident, investigation report on the actual condition of a traffic accident, inspection report on the accident site, notification of the results of crackdown on drinking driving, report on the circumstances of the driver in charge, investigation report (report on the circumstances of the driver in charge of a driving), and application

1. Article 3(1) and the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, and Article 268 of the Criminal Act (the occupational and practical injury caused by traffic accidents).

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