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(영문) 서울남부지방법원 2020.10.06 2020고단1386

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. The Defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) who is engaged in driving a motorcycle WW125.

On January 20, 2020, the Defendant driven the above motorcycle while under the influence of alcohol more than 0.03% of blood alcohol concentration on 05:50 on January 20, 2020, and changed the course into one lane while driving the front road of Geumcheon-gu Seoul Metropolitan Government along the two-lanes of the bank tree shooting distance from the city interest distance room to the two-lane.

At that time, the road was night prior to sunrise and the passage of the vehicle was frequently frequent. In such a case, the driver of the vehicle has a duty of care to check whether there are other vehicles in the lane that is intended to change the front, rear, and left and right of the vehicle, and to safely change the lane and prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant neglected this and neglected to drive on the side and changed the lane as it is, due to occupational negligence, received the part on the right side side side side of the victim D (Nam, 28 years old) driving along one lane on the left side of the running direction, and received the part on the left side side of the said motor vehicle.

As a result, the Defendant suffered injury to the victim, such as salt, tension, etc. of the part, which requires approximately two weeks of medical treatment, due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in the above 1.1. The Defendant driven a mixed W125 motorcycle while under the influence of alcohol more than 0.03% of the blood alcohol concentration on the road of about 400 meters in front of the Gju store in Geumcheon-gu Seoul Metropolitan Government to the front road of Geumcheon-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Results of the video verification by this court;

1. Reports on traffic accidents, reports on occurrence of traffic accidents, circumstantial statements of drinking drivers, reports on the control of drinking driving, and statements on the occurrence of traffic accidents;

1. A medical certificate;