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(영문) 서울중앙지방법원 2013.09.27 2013고정4170

교통사고처리특례법위반등

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives a BMW 320D motor vehicle in the course of business.

On June 6, 2013, at around 09:31, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, driving the said vehicle under the influence of alcohol content of 0.157%, and driving the front road of 182-29, Gangnam-gu, Seoul, Seo-gu, Seoul, at a speed of about 30 km per hour in the direction of Parisbrate from the cU convenience room.

Since the place is in which traffic without signal lights is frequent by an intersection, it has a duty of care to safely make a right-hand and not drive a motor vehicle while under the influence of alcohol by reducing the speed as a driver or temporarily stopping it.

Nevertheless, the Defendant neglected this and avoided the part on the left-hand back part of the victim C (Nam, 55 years old) driving, which was stopped in the right-hand side of the said BMW vehicle.

As a result, the Defendant suffered from the Defendant’s sculatory scopic scopty that requires approximately two weeks of treatment by occupational negligence.

B. Violation of the Road Traffic Act (driving) was driven by the Defendant at the above time, while under the influence of alcohol with a blood alcohol content of 0.157% at the above location, on a level of about 20 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Statement prepared by C;

1. Entry of the report on traffic accident (report on actual condition) (1, 2);

1. Entry in the circumstantial statement report of a host driver;

1. Statement of investigation report (application of the Tramark);

1. Application of Acts and subordinate statutes stated in a written diagnosis;

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to 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, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection of fines;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;