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(영문) 서울서부지방법원 2020.10.15 2020고정675

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 is a person who is engaged in driving service of BK3 cars in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On April 12, 2020, at around 06:28, the Defendant driven the said car while under the influence of alcohol with 0.130% of blood alcohol concentration, and led to the flow of the road near Eunpyeong-gu Seoul Metropolitan Government to the direction of Siamamb in the new air basin.

Since there is a narrow road where a vehicle stops, the driver of the vehicle has a duty of care to prevent the accident in advance by safely driving the vehicle, such as making a person engaged in driving the vehicle abundance and its surroundings well, and accurately manipulating the steering gear, brakes, etc.

Nevertheless, under the influence of alcohol, the Defendant is negligent and found to be late behind the victim D(25 years of age)-surged vehicle of the victim D(25 years of age) who was stopped on the left side due to the negligence of failing to look at the front side, and received the said K3 vehicle’s left part of the front part of the said K3 vehicle.

Ultimately, the Defendant caused the victim to suffer injury, such as catum dynasium, which requires approximately two weeks of medical treatment by occupational negligence as above.

2. Around 06:28 on April 12, 2020, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.130%, and the Defendant driven B K3 cars from a 400-meter section from the front of Eunpyeong-gu Seoul to the front of the same Gu C at approximately 400 meters.

Summary of Evidence

1. Application of Acts and subordinate statutes to a copy of the investigation report (report on the status of the driver with the employer) by the defendant's legal statement, actual condition survey report;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (However, the lowest sentence of punishment shall be determined by the crimes of violation of the Road Traffic Act);

1. Article 70(1) of the Criminal Act for the detention of a workhouse.