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(영문) 대전지방법원 2019.11.27 2018고단4298
교통사고처리특례법위반(치상)등
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Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving the B-learning passenger car.

On August 9, 2018, the Defendant driven the said car while under the influence of alcohol 0.185% with a blood alcohol level of 0.185%, and continued to drive the said car by using one lane from the side of the school to the D Apartment Fdong, Seo-gu, Daejeon.

In such a case, the defendant engaged in driving of a motor vehicle has a duty of care to care in advance by safely driving the motor vehicle, and safely driving the motor vehicle to prevent the accident.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and proceeded along the left door of the said vehicle and received the part of the doors and fences behind the left side of the said vehicle (34 years old) from the victim G (34 years old) driving in the opposite direction in order to provide a career-on.

As a result, the Defendant, by negligence in the above business, destroyed a victim’s car to go through a salt coordinate and a tension on the treatment date, and at the same time, damaged the damaged car to be in excess of KRW 1,408,471.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. The police statement concerning G;

1. The actual condition survey report;

1. A written report from an employee of an employer;

1. Mandatory insurance policies;

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

1. Article 3(1), the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Articles 148-2(2)2 and 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); Article 151 of the Road Traffic Act; Article 46(2)2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (amended by Act No. 16037, Dec. 24, 2018);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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