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(영문) 서울북부지방법원 2021.01.28 2020고단3013

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving of a passenger car in Bnnikia.

On June 11, 2020, the Defendant driven the said car while under the influence of 0.113% alcohol during blood transfusion 09:25 on June 11, 2020, and driven the road of 3-lane 4 in the inside circulation of 19Raro, Dongdaemun-gu, Seoul, Seoul, along with three-lanes from the edge of the morizontal offline.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents in advance by accurately operating the steering and steering gear, and operating the steering and operating system accurately.

Nevertheless, under the influence of alcohol, the Defendant was in the front part of the Defendant’s vehicle in front of the Defendant’s vehicle, while driving the vehicle at the front side of the Defendant’s vehicle due to his negligence. The lower part of the Defendant’s vehicle was in front of the Defendant’s vehicle.

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

2. On June 11, 2020, the Defendant was driving a Ban vehicle under the influence of alcohol concentration of about 0.13% from the 3km section of approximately 3km to the 4 internal circulation of the Dongdaemun-ro 19Ra-ro, Dongdaemun-gu, Seoul, Dongdaemun-gu around 76, Seongbuk-gu, Seoul, for the Defendant on June 11, 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. C's report on the actual condition of the occurrence of a traffic accident, and a report on the detection of the driver involved in the investigation (blood collection) by response to a request for appraisal of the report;

1. The application of the examination report (the application of the above dmark formula) the examination report (the application of the above dmark image laws and regulations to the damaged vehicles;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act (the occupational and de facto occupation), Article 148-2(3)2 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act (the driving of alcohol).