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(영문) 전주지방법원 2018.08.14 2018고단1026
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a car “Spos” car.

On April 11, 2018, the Defendant driven the said car under the influence of alcohol level of 0.082% among blood alcohol level around 00:55, and continued to turn to the left from the four-lanes in front of the D Dondong-gu Seoul Metropolitan City, Seojin-gu, Jeondong-gu, Seoul, along the right-hand turn to the left.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle after checking whether there is a person who well sees the right and the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected this and was negligent in driving the road under the influence of alcohol, and the victim E (the age of 58) who crosses the road in the direction of the left side in the right side of the front part of the said car.

As a result, the Defendant suffered from the above occupational negligence that the victim suffered from a adjusted cerebral cerebral cerebral cerebrs with no wife in two common areas, which require approximately eight weeks of treatment.

2. Defendant 1 driven the said vehicle under the influence of alcohol level of approximately 0.082% at the section of approximately 1.5m from the distance of alcohol level to the road of the “G” hospital located in the same Gu F from the front of the mutual insul-gu, Seoul Special Self-Governing Province at the above time, under the influence of alcohol level of around 1.5m.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. An accident scene photograph;

1. Statement hearing report (E);

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes of Part II of the medical certificate;

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 Aggravated Punishment, Article 268 of the Criminal Act (the occupational and de facto occupation) concerning criminal facts, Articles 148-2(2)3 and 44(1) of the Road Traffic Act, and each fine shall be imposed.

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