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(영문) 서울중앙지방법원 2020.04.08 2019고정2895

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

1. The defendant is a person who drives a vehicle BM3 in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On October 17, 2019, the Defendant driven the said SM3 car under the influence of alcohol level of 0.045% on blood alcohol level of 23:39% on Oct. 17, 2019, and continued the car at an influence of the national salary tunnel from the seat of the Drown-gu Seoul Special Metropolitan City.

At that time, there is a center line of yellow solid lines, so in such a case the driver of the vehicle shall pass along the right side of the center line of the road.

Nevertheless, the Defendant neglected this and led to the left-hand part of the Defendant’s vehicle operated by the victim E (Nam, 25 years old) in the opposite lane.

Accordingly, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) above, the Defendant driven the said SM3 car while under the influence of alcohol level of about 0.045% in the section of approximately 6km from the fkm Do of Geumcheon-gu Seoul Metropolitan Government to the front road of Gwanak-gu Seoul Special Metropolitan City.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the occurrence of E traffic accident;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Report on the statement of the state of a drinking driver, report on the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. A medical certificate, a copy of medical records, and a certificate of entrance and discharge;

1. Accident video CDs;

1. Investigation report (Report on the state of a driver) (the defendant and his defense counsel shall deny to the effect that the degree of injury inflicted on the victim is insignificant and thus does not constitute an injury under the Act on Special Cases concerning the Settlement of Traffic Accidents (the crime of bodily injury);

However, the Defendant committed the instant crime in full view of the background of the victim’s injury suffered, the background and form of the victim’s injury, the hospitalized treatment process, etc. admitted by relevant evidence.