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(영문) 서울서부지방법원 2018.10.04 2018고단2064

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a Csch Rexton car.

On June 2, 2018, the Defendant was under the influence of alcohol content of 0.077% during blood transfusions around 18:05, and the Defendant was under the influence of alcohol content of 0.07% at the New Village 83, Seodaemun-gu, Seoul, Seomun-gu, Seoul, with an access to the first floor from the first floor parking lot on the underground level in the New Village 83.

Since there was a narrow channel of a bend, there was a duty of care to accurately operate the steering gear and brake system for the driver of the motor vehicle and to safely proceed by controlling speed in advance.

Nevertheless, the defendant d' (e.g., 59 years old)'s EK5 vehicle driving due to the negligence of the plaintiff's negligence while neglecting it as mentioned above, which was brought to the underground parking lot from the 59-year old-old part of the victim D's (e.g., the defendant d's pent part before the left-hand side of the f's vehicle.

Ultimately, the Defendant suffered from the injury of the victim and the victim F (the 32 years old), who was on board the above victim's and the above victim's vehicle due to occupational negligence, such as salt, tension, etc. in need of approximately two weeks of treatment.

2. The Defendant was driving Csch Rexton car under the influence of alcohol content of 0.077% in blood at the time and place specified in paragraph 1, as stated in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports (1), (2) on traffic accidents;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Application of Acts and subordinate statutes, such as written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.