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(영문) 서울서부지방법원 2015.07.24 2015고정663
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

The Defendant is a driver of the Category B of Launa car.

1. Around 01:55 on December 13, 2014, the Defendant driven the said rocketing vehicle with the blood alcohol content of 0.091% at the same time, and became left left at the speed of the fluence from the upstream of the upper bank of Mapo-gu Seoul Metropolitan Government along one lane, depending on the four-lanes of the road.

In this case, a person engaged in driving service has a duty of care to live well on the front side and safely drive the signal and prevent the accident in advance.

Nevertheless, the Defendant neglected this and went to the left due to the negligence of going to the left in contravention of the signal, and led the victim C (the aged 43) who was going to the upper water surface from the telescopes in accordance with the telescope signal at the above intersection, to the front part of the front part of the vehicle of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as the left-hand frame, which requires approximately seven weeks of treatment due to the above occupational negligence.

2. The Defendant, while under the influence of alcohol content 0.091% at the time of the preceding paragraph, was driving the said rocketing vehicle from the vicinity of Mapo-gu Seoul Metropolitan Government to the same Gohap Station at a distance of about 200 meters from the same time.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, traffic accident occurrence report, accident accident report, accident report on an employer-employed driver, and report on the status of an employer-employed driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Special Cases Concerning the Selection of Punishment, Article 3 (1), the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, and the selection of fines;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the defendant.

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