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(영문) 서울서부지방법원 2018.06.05 2018고단908
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 a person who is engaged in driving a car with Cknife in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On February 2, 2018, the Defendant driven the above vehicle under the influence of alcohol content of 0.154% during blood transfusions on February 2, 2018, and led the above vehicle to go straight down at a speed that is impossible to identify four-lanes in the direction of the mouth 2 in Mapo-gu Seoul Metropolitan Masan-ro.

At the time, since it was night and a large number of vehicles are in operation, there were duty of care to safely operate the brake and steering gear by reducing the speed for those engaged in driving of the vehicle, keeping the front door and left door well, and accurately operating the brake and steering gear.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving while changing the course from the three-lane to the four-lanes, and was driven by the victim D (51 tax) who was in the front of the Defendant’s vehicle, and was driven by the back of the Estststyy cab in front of the Defendant’s vehicle.

Ultimately, the Defendant sustained injury to the said victim D and the F (35) who is the passenger of the victimized vehicle by occupational negligence as seen above, by causing approximately two weeks of medical treatment for each of the said victims D and the victim F (35).

2. Around February 23, 2018, the Defendant violated the Road Traffic Act (drinking) driven a Cknife vehicle with alcohol content of about 0.154% from the 1km section from the front of the 27 Man-ro, Mapo-gu, Seoul Mapo-gu, to the two front roads of the Mapo-gu, Mapo-ro, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. Application of Part II Acts and subordinate statutes to a traffic accident report (on-site investigation report), a state driver's circumstantial statement, a black boom CD, and a medical certificate;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and dental work).

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