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(영문) 서울중앙지방법원 2014.12.31 2014고단8458
교통사고처리특례법위반등
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Defendant shall be punished by a fine of KRW 4,500,000.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in the operation of WW125 Oba.

On September 7, 2014, at around 07:30, the Defendant driven the above Otoba while under the influence of alcohol with 0.085% of blood alcohol concentration, and proceeded four-lanes of the four-lane road adjacent to the AT Center in Seocho-gu Seoul, Gangnam-gu, Seoul, along with the 10-lane AT Center as Gangnam-gu Seoul.

In such a case, there was a duty of care to prevent traffic accidents in advance by accurately operating the steering direction and brake system by taking into account the front direction and the left and right of the person engaged in the Otoba driving.

Nevertheless, under the influence of alcohol, the Defendant, by negligence, neglected the duty of her on the front side and the left side, led the victim C (the aged 21) who was accompanied by the lower part of the river to go beyond the center of the same direction, thereby getting the victim C (the aged 21) who was accompanied by the lower part of the river, to go beyond the right edge, and suffered approximately six weeks of treatment.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in the above paragraph (1) 1, the Defendant driven B mixed with B W125 Orala while under the influence of alcohol level of about 0.085% at the 5km section from the Defendant’s house located in Seocho-gu Seoul Metropolitan Government D to the roads adjacent to the 10-lane AT Center, Gangnam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A traffic accident report;

1. Photographs;

1. The circumstantial statement of the employee;

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

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 Aggravated Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act (the point of sound driving and the selection of fines) concerning criminal facts;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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