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(영문) 광주지방법원 2018.09.20 2018고단2960
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 4,500,000.

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 car in the CSpo-type area under the Act on Special Cases concerning the Settlement of Traffic Accidents.

On June 6, 2018, the Defendant driven the said car at a speed of 0.147% alcohol concentration among blood transfusions on 18:55, while driving the car, and driving it at a speed of 0.147%, the Defendant proceeded at a speed of about 70 km per hour, depending on two lanes between the two-lanes from the sight community center at a speed of light.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering system, brakes, and other devices of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant, by negligence while neglecting the above duty of care, took part of the victim D (23 Do)’s back of the passenger car in front of the Defendant, which was stopped at the front of the Defendant’s vehicle, as the part of the victim D (23 Do) with the front part of the Defendant’s vehicle, suffered injury, such as salt, tension, etc., which requires approximately two weeks of treatment to the victim.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a motor vehicle at approximately 2 km from the underground parking lot to the site of the accident as referred to in paragraph (1) due to the TCC on a four-lane 4-way upstream while under the influence of alcohol during the day-to-day alcohol level, such as Paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

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

1. CCTV image data;

1. A medical certificate;

1. Application of CD-related Acts and subordinate statutes

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

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. Articles 70 and 69(2)1.

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