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(영문) 서울서부지방법원 2018.08.23 2018고단1800
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving service of a vehicle B with low investment risk.

On May 10, 2018, the Defendant driven the said car under the influence of alcohol content of 0.169% among blood transfusions on May 10, 2018, and led to the roads of 332 lanes in front of the apartment site of the Seodaemun-gu Seoul Special Metropolitan City (red redly operated) to the red control region at a non-speed speed, depending on three lanes in front of the apartment site of the Seodaemun-gu Seoul Special Metropolitan City (red redly operated).

At the time, the Defendant, prior to the same direction, was followed by the Drash driveed by the victim C (35 cc) drive, and thus, the Defendant had a duty of care to take care of the driver of the vehicle in advance by accurately manipulating the steering and steering gear, and by accurately manipulating the steering and operating the steering gear.

Nevertheless, the Defendant, while under the influence of alcohol as above, was negligent in failing to properly conduct the front-round week without being negligent in doing so, and the part behind the right side of the rash which was stopped in accordance with the suspension sub-paragraph (a) was placed in front of the left side of the Defendant’s driver’s low-water vehicle.

Ultimately, the Defendant suffered from the injury of the above victim and the victim E (the age of 26) who was on board the said passenger car with the foregoing occupational negligence, such as the treatment days in the light of the luxal fluor, etc.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a vehicle with B investment vehicle under the influence of alcohol with 0.169% alcohol concentration in blood at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports (1), (2) on traffic accidents;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the driving of alcohol;

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

1. Selection of penalty;

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