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(영문) 서울동부지방법원 2019.01.11 2018고단3686

교통사고처리특례법위반(치상)

Text

Defendant

A A shall be punished by a fine of KRW 3,000,00,000, in four months of his/her imprisonment without labor.

Defendant

B The above fine.

Reasons

Criminal facts

1. Defendant A is a person engaged in driving a rocketing taxi.

On September 11, 2018, the Defendant driven the above taxi at around 09:10, and led the Defendant to go on the Eth page in the Pungsan Cultural Park at the front of Songpa-gu Seoul Metropolitan City D, along with one-lane road.

However, since there is a center line of yellow domin line, a person engaging in driving of a motor vehicle shall live well in the front line, safely drive the motor vehicle. When it exceeds the center line, a person shall pay due care to the traffic in the opposite direction, and due to urgent circumstances, the central line shall not be invaded unless it is necessary to go beyond the center line.

Nevertheless, the Defendant neglected this and got the front part of the Fmotor bicycle driven by the victim B(the age of 46) who was driving on the Eths as the opposite lane due to the negligence of driving the central line by neglecting the vehicle stopped on the side of the road, depending on the opposite lane due to the negligence of driving on the Eths.

The Defendant suffered from the Defendant’s occupational negligence, which caused approximately eight weeks of the need to treat the victim for approximately eight weeks, an emission frame No. 1.

2. On September 11, 2018, Defendant B driven a Fmotor bicycle at the section of about 200 meters from the site of Songpa-gu, Seoul to the front road of Songpa-gu, Seoul, while under the influence of alcohol by around 09:10% of the blood alcohol concentration of 0.296%.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. The actual condition survey report;

1. Records of the measurement of drinking alcohol, written consent to the collection of blood, requests for appraisal, and written appraisal of blood alcohol;

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

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 3(1) and the proviso to paragraph (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

B. Defendant B: