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(영문) 서울서부지방법원 2018.04.19 2018고단82

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine not exceeding six 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 Bran vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

On December 15, 2017, the Defendant driven the said vehicle while under the influence of alcohol level of 0.094% during blood transfusion on December 23:5, 2017, and led the front side of Mapo-gu Seoul to drive the said vehicle at the direction of the direction of the direction of the road in front of Mapo-gu Seoul.

At the time, there were nights, and there were three-distance crossings in the front section, so in such a case, there was a duty of care to safely operate the vehicle by accurately manipulating the front section, the left and left, and the right and the right of the driver.

Nevertheless, the defendant neglected this and did not turn to the left without looking at the front side of the vehicle, and the latter part of the EK5 vehicle of the victim D(41) driving, which was proceeding to turn to the left on the right side of the defendant vehicle, conflict with the front part of the left side of the vehicle of the defendant.

Ultimately, the Defendant suffered from the injury of the victim F, who is the passenger of the victim D and the above K5 vehicle, due to the above occupational negligence, around 2 weeks of light clocks, tensions, etc.

2. Around December 23:53, 2017, the Defendant: (a) driven a B-low vehicle under the influence of alcohol level of 0.094% from the apartment parking lot located in the 195-Mapo-gu, Mapo-gu, Seoul, to approximately 50 meters from the apartment parking lot located in the 195-Mapo-gu, Mapo-gu, Seoul to the same Gu C, while under the influence of alcohol level of 0.094%.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

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;