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(영문) 창원지방법원 진주지원 2018.08.24 2018고단467
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On March 18, 2018, the Defendant driven CWz motor vehicle with a alcohol content of 0.084% 0.084% during blood transfusions on March 18, 2018, and led the front road to the direction of the e-distance intersection located in D at the Jin-gu, Jin-nam, Jin-nam, bypassing from the right edge to the right edge.

In such cases, the driver has a duty of care to prevent the accident in advance by thoroughly taking the front and left-hand and right-hand vision.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the said road on the right side of the Victim F (48 Do) G bus driving from the right side to the right side of the route of the route, and received the front portion of the said Benz car.

Ultimately, the Defendant, by such occupational negligence, injured the above victim F of a shoulder and tension that requires approximately two weeks of medical treatment; suffered injury to the victim H (V, 33 years of age) who is a passenger of the said benz. (hereinafter referred to as the “Wenz”). At the same time, the Defendant damaged the above bus to repair 219,230 won.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

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. Each statement of F and H;

1. Each written diagnosis;

1. Application of the written estimate statutes;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 3 (1) and the proviso of Article 3 (2) and Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 (only between the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the crimes of violation of the Road Traffic Act) of the Commercial Concurrent Crimes;

1. Each selective fine for punishment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Act on Special Cases concerning the Settlement of Traffic Accidents with Heavy Punishment (Aggravation of concurrent Crimes under the Act on Special Cases concerning the Settlement of Traffic Accidents with Additional Punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;

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