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(영문) 서울중앙지방법원 2017.03.22 2016고정3975

교통사고처리특례법위반등

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

1. On August 29, 2015, the Defendant: (a) was driving a D-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed

2. On August 29, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) was a person engaging in driving of the said A-to-pured passenger vehicle, who is an end-side road in front of the phrases C, located in Busan Doo-gu B around the Busan Doo-gu, and the C-to-speed of the apartment at the speed of speed from the beginning intersection

In such cases, a driver has a duty of care to properly see the backside and left left and right, and to accurately operate the steering gear, brakes, and other devices, so that he/she has a duty of care to verify the safety of career.

Nevertheless, the Defendant, while under the influence of alcohol, was under the influence of alcohol and was driven by the Defendant’s front panioner of the F rocketing car driven by E in the rear bank due to the negligence of the Defendant.

In the end, the Defendant caused the victim G (V, 8 years old) who was on board the said rocketing car due to these occupational negligence to suffer injury, such as light salt, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Statement protocol of E;

1. A report on the detection of a driver at the main place and a circumstantial statement;

1. The driver's license ledger;

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

1. Article 148-2 subparag. 2, Article 44 subparag. 1 (the point of drinking), Article 152 subparag. 1, and Article 43 (the point of driving without a license), Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3(2)7 of the same Act, Article 268 of the Criminal Act concerning criminal facts;

1. Crimes of Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (driving of Drinking) and crimes of violation of Road Traffic Act (driving of Drinking).