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(영문) 서울서부지방법원 2015.06.18 2015고정537

교통사고처리특례법위반등

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Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Around 05:30 on December 19, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), driving a B ASEAN car, leading the way to the Eunpyeong-gu Seoul Metropolitan City C and D cafeteria to the direction of the mountain basin in the middle of the year.

Since there is a signal at the front door, a person engaged in driving service has a duty of care to take care of the front door well and to prevent accidents by accurately manipulating the brake system.

Nevertheless, the defendant is under the influence of alcohol and proceeds ahead of the same lane in the same direction when he was negligent and negligent in driving.

A victim E (53 years old) driving who stops in accordance with the new heading received the back part of the Fone Star passenger car in front of the Defendant’s vehicle.

As a result, the Defendant suffered, by negligence in the above business, the injury to the victim, such as salt and tensions, which requires approximately two weeks of medical treatment, and the injury to the victim G (V, 47 years of age) who was on the top of the steering force of the damaged vehicle, from the sleeps that require approximately four weeks of medical treatment.

2. Around 05:30 on December 19, 2014, the Defendant driven a B-Adi vehicle under the influence of alcohol with a blood alcohol concentration of 0.125% at a section of approximately 150 meters from the G-gu Seoul Metropolitan Man-dong Man-dong Man-dong, to the road in front of the same Gu C.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Each police statement of E and G;

1. An investigation report on the actual condition of traffic accidents, a report on the detection of a drinking driver, and an investigation into the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes of each 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 by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (a point of sound driving);

1. The Criminal Act is the same as the ordinary concurrent crimes (the crimes of violating the Act on Special Cases concerning the Settlement of Traffic Accidents);