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(영문) 서울남부지방법원 2020.01.08 2019고정1388

교통사고처리특례법위반(치상)등

Text

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

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

Reasons

Punishment of the crime

1. From around 22:20 on April 18, 2019 to 22:53 of the same day, the Defendant driven a knive motor vehicle with blood alcohol concentration of approximately 11m from the section of approximately 11m to the high-speed road located in 482, Guro-gu Seoul, Guro-gu, Seoul, while under the influence of alcohol content of about 0.119%.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a knife vehicle B or higher knife.

On April 18, 2019, at around 22:53, the Defendant driven the above vehicle while under the influence of alcohol of 0.119% of the volume of 0.1 of the blood alcohol, and driven the vehicle at about 40 to 50 km in the direction of the Gu road from the high-speed bank of Guro-gu Seoul Metropolitan Government (including bus exclusive lanes).

At this time, the victim C was at night, and in the same direction, the victim C was followed by the D-Wed vehicle driven by the victim C, so the driver was well aware of the situation, and there was a duty of care to secure and proceed with the safety distance to avoid when the vehicle stops.

Nevertheless, the Defendant neglected to do so and neglected to pay a speed on the front, and instead neglected to do so, the Defendant was faced with the front part of the Defendant’s low-speed vehicle in front of another vehicle with the highest front of the Defendant, where the Defendant stopped in the front and the signal atmosphere at the front.

Ultimately, the Defendant suffered injury to the victim by negligence in the course of performing the above duties, such as dump dump and tensions in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report on the actual condition of traffic accidents, traffic accident occurrence report, report on the actual state of drinking drivers, and inquiry into the results of the drinking control;

1. A medical certificate;

1. Application of Acts and subordinate statutes for report on internal investigation (verification of image records of damaged vehicles);

1. Relevant Articles of the Act concerning the facts constituting the crime;