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(영문) 서울중앙지방법원 2014.12.24 2014고단6716
교통사고처리특례법위반등
Text

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

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

Reasons

Punishment of the crime

1. A defendant who violates the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act is a person engaging in driving a registered two-wheeled motor vehicle;

On July 28, 2014, the Defendant driven the said two-wheeled vehicle under the influence of alcohol of 0.99% with blood alcohol concentration of 05:00 on July 28, 2014, and proceeded at a speed of 51 to 60km each other at a speed of 51 to 60km each hour, where the two-lanes in front of D in Jongno-gu Seoul Metropolitan Government toward its intersection two-lanes.

At the same time, there is a crosswalk on which signal lights are installed, and thus, the driver of the motor vehicle had a duty of care to check whether there is a person who gets on the way to reduce the speed and to see well the front door, and to drive the motor vehicle safely in accordance with the new code.

Nevertheless, the Defendant neglected this, while driving a vehicle in violation of the signal while driving the vehicle, received the victim E (33 years old) who cross the crosswalk from the left side of the crosswalk to the right side in accordance with the pedestrian signals by neglecting it.

In the end, the suspect suffered injury, such as the 3rd part of the garrative sacrife, which requires approximately eight weeks of treatment to the victim through occupational negligence as above.

2. No automobile which is not covered by the mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road; and

Nevertheless, the Defendant operated the two-wheeled automobile owned by the Defendant, which was not covered by mandatory insurance at the time and place of the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. Report on detection of, and investigation into, a host driver (application of the Radmark);

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

1. Article 3 (1), the proviso to Article 3 (2) 1, 6, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Articles 148-2 (2) 3 and 44 of the Road Traffic Act concerning facts constituting an offense;

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