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(영문) 수원지방법원 평택지원 2017.11.02 2017고정355
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 driving of the Category B car.

On March 29, 2017, the Defendant driven the above vehicle while under the influence of alcohol of 0.104% among blood transfusions on March 19, 2017, and led to the flow of the two-lane road in the vicinity of the territory of Pyeongtaek-si, Dong-dong, Dong-dong, in an influence speed from the fluence to the fluence of the two-lane road.

At this point, there was a tri-distance intersection where signal lights are installed, so there was a duty of care to prevent accidents in advance by driving a person engaged in driving of a motor vehicle with a duty of care by keeping the front door well and safely.

Nevertheless, the Defendant neglected to stop, while driving at the front of the Defendant’s vehicle, caused the part of the back of the victim C(50 years old) driving DK5 passenger vehicle in the front of the Defendant’s vehicle to be driven by the Defendant’s passenger vehicle, and due to the shock, caused the vehicle for the above K5 passenger vehicle to be driven by the FR car in the victim E(37 years old) driving in the front of the vehicle.

As a result, the Defendant suffered injury, such as light salt, which requires approximately two weeks of treatment, from the victims due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Notification of the results of regulating drinking driving;

1. A fact-finding survey report, a report on the occurrence of a traffic accident, and an accident scene photograph;

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

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

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

1. Selection of an alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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