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Reasons
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(영문) 청주지방법원 제천지원 2020.04.02 2020고정10
교통사고처리특례법위반(치상)등
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Defendant shall be punished by a fine of KRW 7,000,000.

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

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 15, 2019, at around 22:10, the Defendant driven the above passenger-owned vehicle with a blood alcohol concentration of 0.192%, and led the central highway in the city of the original city to proceed to the direction from the Chuncheon bank to the Busan bank.

Since there is a highway that has a centralized separation cost, a person engaged in driving of a motor vehicle has a duty of care to thoroughly drive the motor vehicle in the front and the motor vehicle has a duty of care to safely drive the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and took part in the part of the Daburging part in front of the left side of the car of the victim C(Seoul, 55 years old) driving, which was driven along the tea line from the west of Busan to the side of the vehicle of the Defendant.

As a result, the Defendant suffered from the victim’s dystrophal typosis and cerebral typ in need of treatment for about two weeks due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) in a state of alcohol of 0.192% of alcohol alcohol concentration in the light of the time stated in paragraph (1) of this Article, the Defendant driven a BKan-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-k

Summary of Evidence

1. Defendant's legal statement;

1. A medical certificate;

1. Report on the results of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Reporting on the occurrence of a traffic accident, the application of a de facto investigation report, and on-site photographs statutes;

1. Article 3 (1) and Article 3 (2) (proviso) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning 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 concerning facts constituting an offense;

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

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