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(영문) 서울북부지방법원 2017.03.16 2017고정157

교통사고처리특례법위반(치상)등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who drives a rocketing car.

1. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said vehicle under the influence of alcohol level of 0.078% among blood transfusion around 19:00 on October 28, 2016, while driving the said vehicle at a speed of 0.078%, and driven the said vehicle at one lane among three-lanes of the government direction of the same metropolitan road located in the 342-ro, Jung-gu, Seoul.

In such cases, the driver of a motor vehicle shall not drive the motor vehicle while normal driving is difficult due to influence of alcohol, and there was a duty of care to prevent accidents in advance by accurately manipulating the steering gear and brake system by properly examining the traffic situation in the front time.

Nevertheless, the Defendant neglected this and tried to drive the vehicle in the same direction by the negligence, which led the victim C (35 years) who stops in the vehicle due to the body of the vehicle in the same direction, and led the driver to the front driver of the vehicle.

Accordingly, the Defendant suffered injury to the above victim by occupational negligence, such as “a fluor’s salt and tension,” which requires approximately two weeks of medical treatment.

2. Defendant 1 was under the influence of alcohol level of 0.078% in the daily border, such as the above “A”, and Defendant 2 driven the said vehicle at the section of approximately one kilometer for the main road of approximately 342 east 1 kilometer from the Jung-gu Seoul Jung-gu, Jung-gu, Seoul to the winter-ro 342 in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. A copy of a medical certificate;

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Relevant legal provisions concerning criminal facts, Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the point of causing bodily injury due to occupational negligence), Articles 148-2(2)3 and 44(1) of the Road Traffic Act, and each fine shall be imposed.