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(영문) 창원지방법원 2019.10.16 2019고단2198
교통사고처리특례법위반(치상)등
Text

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

Criminal facts

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a motor vehicle with B A-Wurd-

On July 16, 2019, at around 04:25, the Defendant driven the said car while under the influence of alcohol of 0.168% of blood alcohol concentration, and led the two-lanes of the two-lane roads in front of Kimhae-si Kim Jong-si, to the king of the horizontal distance from the sloping middle school to the intersection of the horizontal sloping.

At night and in front of the defendant's moving direction, the victim D(the age of 44) driving EM6 car stops, and thus, the driver of the vehicle has a duty of care to look at the front line and accurately manipulate the steering direction and brake system to prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant neglected to stop the vehicle in front of the Defendant, and the following part of the above SM6 car, which was parked in front of the Defendant, was shocked with the front part of the Aburged vehicle operated by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately three weeks of treatment due to occupational negligence.

2. The Defendant violated the Road Traffic Act (driving a sound driving) in a state of alcohol alcohol concentration of about 500 meters from the G Burial front road in Kim Jong-si at the time and time set forth in paragraph (1) to the C apartment road. The Defendant was driving a B-to-purd car in a state of under the influence of alcohol concentration of about 0.168%.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of a D traffic accident;

1. A report on the occurrence of a traffic accident, a report on the actual condition, and an accident site photograph;

1. Application of Acts and subordinate statutes to report the results of the crackdown on drinking driving, the circumstantial statements of drinking drivers, and the circumstances of drinking drivers;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Special Cases Concerning the Selection of Punishment, Article 3 (1), the proviso of Article 3 (2) 8 of the Act, Article 268 of the Criminal Act, Article 148-2 (3) 2 of the Road Traffic Act, and each fine shall be imposed on the criminal facts;

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