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(영문) 서울중앙지방법원 2017.10.25 2017고정2369
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is the person who is engaged in driving wheel chairs of detailed wheel chairs.

On June 20, 2017, under the influence of alcohol level of 0.182% among blood transfusions, the Defendant driven the above electric wheelchairs, and proceeded with the front road of 61, Gangnam-gu 61, Gangnam-gu, Seoul, and the front road of 10,000 Gangnam-gu, Gangnam-gu, Seoul, pursuant to the direction of Gangnam-gu, Gangnam-gu, Seoul.

In such cases, a person engaged in driving service has a duty of care to avoid operating a sidewalk.

Nevertheless, the Defendant neglected this and proceeded with the victim B’s left wheel, etc., who was walking a sidewalk in the opposite direction, due to the negligence of getting on and driving a electric wheel, led to the victim B’s left wheel of the front wheel.

Ultimately, the Defendant suffered injury to the victim, such as salt dynasium, which requires approximately two weeks of medical treatment, due to the above occupational negligence.

2. The Defendant was driving, at the same date and time as paragraph 1, the instant violation of the Road Traffic Act (drinking driving) and at the same place, 0.182% under the influence of alcohol in blood without a motor device’s bicycle driver’s license, from the front line of the main station in Seocho-gu Seoul Metropolitan Government, Gangnam-gu, to the front line of the 61-gil 3 large building, Gangnam-gu, Gangnam-gu, Seoul, along with the front line of the 61-gil 3 large building.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to a traffic accident report, a traffic accident-related photograph, a written statement of the occurrence of a traffic accident, a circumstantial statement of a driver at home, the ledger of driver's licenses, and a report on detection of a driver at home;

1. Article 3(1), the proviso to Article 3(2)8 and 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation and the occupation of a person on duty) concerning criminal facts, Article 148-2(2)2 and Article 44(1) of the Road Traffic Act, Article 154 subparag. 2 of the Road Traffic Act.

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