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(영문) 서울서부지방법원 2019.02.14 2018고단2803

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B 2 cargo vehicles.

On July 26, 2018, at around 03:25, the Defendant driven the above cargo while under the influence of alcohol 0.092%, and continued the front road of Eunpyeong-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the choice of fines for criminal facts, and the choice of fines;

1. Parts of the crime of non-violation of Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant in this part of the facts charged is a person engaging in driving of B-B cargo vehicles.

On July 26, 2018, at around 03:25, the Defendant driven the above cargo while under the influence of alcohol with 0.092% of alcohol level 0.092%, and continued the front road of Eunpyeong-gu Seoul Metropolitan Government.

At the time, the accident location is night, and only pedestrians are in front of the convenience point that can pass, so a person engaged in driving service has a duty of care to prevent accidents.

Nevertheless, under the influence of alcohol, the Defendant: (a) deemed that the victim E (the aged 21) who was an employee of the convenience store that was cleaning in the vicinity of the “D” convenience store near the above place due to the negligence of neglecting it; (b) proceeded with the cargo vehicle in the Defendant’s operation as it is at the convenience store; and (c) took the back of the play, and flabing it into the back; and (d) received the left-hand side of the said convenience store as is on the right-hand side of the cargo vehicle.

Ultimately, the Defendant caused the victim to suffer injury in need of medical treatment for about three weeks, such as damage to the right part and the part of the satisfaction. Furthermore, even if the market price is unknown, the Defendant left the site without taking any measures (limited to damage and damage) at the front left part of the convenience store where the market price is unknown.

2. The defendant's assertion of the defendant and his defense counsel is the truck driver's seat.