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(영문) 의정부지방법원 2018.11.07 2018고정1163
교통사고처리특례법위반(치상)등
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Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rash car.

1. On April 12, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said vehicle while under the influence of alcohol concentration of 0.053% in blood in the parking site of “D cafeteria” located in Namyang-si, Namyang-si.

In such cases, the driver of a motor vehicle has a duty of care to accurately operate the steering system, brake system, etc. of the motor vehicle and to safely drive the motor vehicle by checking the traffic situation in front and rear.

Nevertheless, the Defendant neglected to do so and did not regard that the Fchip vehicle E (n, 69 years old) driving under the Fchip vehicle is standing, and the latter part of the Defendant’s vehicle conflict with the latter part of the victim’s vehicle.

As a result, the defendant suffered injury to the above victim by negligence in the course of business, such as salt, tension, etc. on the right shoulder, which requires approximately three weeks of treatment.

2. On April 12, 2018, the Defendant driven a approximately two-meter distance while under the influence of alcohol content of at least 0.053% in blood in the parking site of “D cafeteria” located in Namyang-si, Namyang-si, Namyang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, report on the situation of driving of drinking and report on the circumstances of the driver of drinking;

1. A written statement of the occurrence of E traffic accidents;

1. A medical certificate;

1. Application of the statutes governing the field map of traffic accidents and on-site photographs;

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

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act appears to have committed a crime.

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