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Reasons
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(영문) 전주지방법원 2020.04.08 2019고단1774
교통사고처리특례법위반(치상)등
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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

1. The Defendant is a person who is engaged in driving a vehicle B or another car.

On August 9, 2019, at around 02:17, the Defendant, while under the influence of alcohol of 0.15% of the blood alcohol concentration, was made to turn to C the front of the 188-ro Yon-ro, Youngjin-gu, Seoul Special Metropolitan City.

Since there was an intersection where a signal, etc. is installed, the driver of a motor vehicle has a duty of care to safely drive the motor vehicle according to the traffic signal by reducing the speed and properly examining the side of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in failing to make a left-hand turn in violation of a vehicle stop signal and received the front part of the E-benz's left-hand side of the E-Wenz's car operated by D in the left-hand side of the direction of the Defendant's driving.

Ultimately, the Defendant, by negligence on duty, caused the Victim F (L, 40 years of age) to suffer injury to the Defendant, such as salt, tension, etc. in need of treatment for approximately two weeks of age.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, the Defendant driven a B Bchip car under the influence of alcohol concentration of approximately 0.155% at the section of about 2 km from the front day of the mutually unfluent liquor in the front day of the arm’s length range at the end of the front day to the place of the said accident.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement hearing reports and report on the detection of drivers;

1. The actual condition survey report;

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 3 (1), Article 3 (2) (proviso) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act and the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (3) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act, the selection of fines;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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