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(영문) 서울남부지방법원 2013.12.09 2013고정3591

교통사고처리특례법위반등

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant violating the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving of BK5-type taxi.

On June 10, 2013, at around 22:20, the Defendant driven the above vehicle while under the influence of alcohol of 0.126% with a blood alcohol concentration of 0.126%, and driven the front road of 916-15, Yangcheon-gu, Seoul, Yangcheon-gu, Seoul along the direction of the winter basin, along the two lanes in the direction of the new station.

Although a person engaged in driving duty has a duty of care to observe a safety distance and to prevent an accident in advance by operating a day-to-day well in a safe manner, the Defendant neglected to do so due to negligence while under the influence of alcohol, and the Defendant suffered bodily injury, such as “elines and tensions in the necessary 27 years old,” respectively, to the victim C and the victim E (Nam, and 27 years old) who is the passenger of the said taxi, who is driving by the victim C (Nam, and 28 years old) who stops in the signal atmosphere in the front direction of the said taxi.

2. The Defendant violated the Road Traffic Act (driving) driven a B K5 business taxi at a section of about 350 meters from the front of a restaurant located in Yangcheon-gu Seoul Metropolitan Government to the road of about 916-15, while under the influence of alcohol with a blood alcohol concentration of 0.126% at the above temporary border.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident in C and E;

1. A traffic accident report;

1. A traffic accident occurrence report;

1. A report on detection of a drinking driver, a certificate of measurement of drinking, and a circumstantial statement of a drinking driver;

1. A report on internal investigation (attaching photographs, such as the collision part of a damaged vehicle and the damaged vehicle);

1. Application of Acts and subordinate statutes of each written diagnosis to C and E;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents (referring to the injury or injury caused by negligence in the course of performing duties due to each traffic accident), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.