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(영문) 제주지방법원 2020.01.08 2019고단1417
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of four million won.

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a Bladro sTS car.

On February 5, 2019, at around 20:35, the Defendant driven the said vehicle under the influence of alcohol of 0.102% of blood alcohol concentration, and led to C’s entrance from the boundary of the west-si post office, which is located in 175, Seopo-si, Seopo-si, Seopo-si.

At the time, vehicles are driven at night and around the Defendant’s vehicle, and in such a case, there was a duty of care to reduce the speed and properly handle the front and rear left, and to prevent the accident in advance.

Nevertheless, the Defendant, while under the influence of alcohol, neglected the above duty of care and changed the lane for the victim D(38 years of age)'s E-Rad Driving to overtake the vehicle, and was placed too close to the above Rad's car, by the negligence of the Defendant's driver on the right side of the car, received the above part of the Rad'd's lad's lad's la's la's la's la's la's la's la's la's la

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, which requires approximately two weeks of medical treatment.

2. Around February 20:35, 2019, the Defendant driven a grodial vehicle as described in paragraph (1) while under the influence of alcohol with approximately KRW 200 meters from the G convenience store front to the place of accident as described in paragraph (1) at Seopopopo City to the G convenience store located in the F, Seopo City.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on the actual state of the driver;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, and Article 1530 of the former Road Traffic Act (Act No. 15530, Mar. 27, 2018).

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