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(영문) 의정부지방법원 2018.01.17 2017고단4573
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving B car car.

On October 9, 2017, the Defendant operated the said car under the influence of alcohol concentration of 0.054% among blood transfusions on 0.054%, and continued two-lanes of the national highways No. 46, which was the 46-lane Dolet, at the entrance of the village of the 4th Pyeong-gun, Gyeong-gun, Gyeong-gun, Gyeongcheon-gun, Gancheon-gun, Seoul.

At the time, there is a vehicle waiting for signal signal, and in such case, the driver of the vehicle has a duty of care to drive safely by checking the traffic situation of the front left right and right.

Nevertheless, the Defendant neglected to stop this and shocked the Dsch Rexroth drive of the victim C(30) who stops in the signal waiting at the front, as the front part of the Defendant’s driver’s car, and the shocked the Ftosk car of the victim E(65) who stops in the front signal signal waiting, with the corresponding shocked, and brought down the Ftosk car of the victim E(65) who stops in the front signal waiting.

Ultimately, the Defendant suffered, by negligence, the injury to the above victims E in the course of performing the following duties: (a) male finites that require approximately three weeks of treatment to the victim G (V, 28 years of age) who is the passenger of Bosch Rexroth vehicle; and (b) male finites and tensions that require approximately two weeks of treatment to the victim E; and (c) male cinums and tensions that require approximately two weeks of treatment to the victim E.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A survey report on actual conditions;

1. Report on the occurrence of a traffic accident;

1. A written statement related to each traffic accident in C and E;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. On-site photographs;

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) 3 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol driving);

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

1. Selection of each alternative fine for punishment;

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