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(영문) 서울서부지방법원 2018.09.20 2018고단2170
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 engaging in driving a vehicle BM5 vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On May 10, 2018, the Defendant driven the above car at around 00:55 and tried to turn the two-lane road in front of Eunpyeong-gu Seoul Metropolitan Government to the Standing Public Security Center from the side of D High School, while under the influence of alcohol content of 0.15% during blood.

At night, at this time, there was a duty of care to prevent accidents by accurately manipulating the steering direction and brake system by reducing speed for persons engaged in driving a motor vehicle and properly living on the front side and the right side of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in trying to make a right-hand turn immediately after stopping the signal waiting, and was led to the Defendant’s failure to stop at the right-hand side of the victim E(68) driving in front of the signal waiting at the direction of the Defendant, followed the right-hand part of the victim E(68) driving in front of the said vehicle.

Ultimately, the Defendant suffered injury to the victim G (50) who was on board the said victim and the said taxi at the same time due to the foregoing occupational negligence, for approximately two weeks of medical treatment, such as base salt, tension, etc.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said vehicle under the influence of alcohol with 0.15% alcohol concentration in blood at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of a medical certificate);

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 each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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