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(영문) 서울중앙지방법원 2019.03.22 2019고정260

교통사고처리특례법위반(치상)등

Text

Punishment on the accused shall be determined as a fine of 2,500,000 (00,000).

A fine shall not be paid by the defendant.

Reasons

Punishment of the crime

1. Around August 16, 2018, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (Driving without a license) driving on the front road of Gangnam-gu Seoul, Seoul, about 1km from the front road of Gangnam-gu Seoul to the front road of Gangnam-gu Seoul, without obtaining a driver’s license, and driving a DNA negative vehicle with a blood alcohol concentration of 0.06% under the influence of alcohol.

2. On August 16, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) by driving a vehicle under the preceding paragraph with a blood alcohol concentration of 0.066% at a speed not known to the six-lanes in front of Seoul Gangnam-gu, Seoul, while driving a vehicle under the influence of alcohol on August 21, 2018, and driving the vehicle at a speed not known to the academic East-gu, Seoul, as an area of bankruptcy remote distance protection, caused the Defendant’s injury, such as the f-5 taxi driver’s car driving in the same direction as the Defendant (59 years old), following the driving of the victim E (5 years old) with a two-lane driver’s vehicle driving in the same direction, resulting in the Defendant’s injury, such as the salt and tension of a conjection for two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement regarding E;

1. The actual condition survey report;

1. Report on the circumstantial statement of a drinking driver, and the place where drinking is measured and suspended;

1. The driver's license ledger and the next registered inquiry;

1. Each photograph;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 3 (1), the proviso to Article 3 (2) 7, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1), Article 152 (1) 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;