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(영문) 청주지방법원 충주지원 2020.02.18 2019고단750
교통사고처리특례법위반(치상)등
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Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On November 23, 2019, the Defendant driven the above cargo while under the influence of 0.159% alcohol level without obtaining a driver's license on November 23, 2019, and driven the above cargo at 0.159%, thereby passing two-lanes between the two-lanes from the c seat to the c seat of the c seat.

Since there is a lot of traffic in the vicinity of the intersection, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating steering devices, brakes, etc.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting the front-time of the Defendant, and the victim D (year 52) who was in the atmosphere of the signal was driven by the Defendant at the front-way of the running direction of the Defendant, and the part behind the vehicle was shocked by the Defendant with the front-way part of the cargo vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt of the part of the elbow part in need of approximately two weeks of treatment due to the above occupational negligence.

2. On November 23, 2019, at around 11:55, the Defendant: (a) driven B-be under the influence of alcohol with a blood alcohol concentration of 0.159% without obtaining a driver’s license in the section of about 1km from the Chungcheong East-si to the vicinity of the 35 knive village apartment in Chungcheongnam-si, Chungcheongnam-si; and (b) the Defendant driven B-be under the influence of alcohol level of 0.159%.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Written statements related to D traffic accidents;

1. A medical certificate;

1. Application of the Act and subordinate statutes to the ledger of driver's licenses (Evidence No. 14);

1. Article 3(1), the proviso of Article 3(2)7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the Road Traffic Act.

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