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(영문) 서울중앙지방법원 2018.11.08 2018고단5516
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On March 16, 2012, the Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Seoul Eastern District Court on March 16, 2012 and completed the execution of the sentence in Seoul Southern Prison on August 27, 2016.

The defendant is a person who is engaged in driving of TG car volume by borrowing B.

1. On July 21, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the above vehicle at around 03:30 on and around July 21, 2018, while under the influence of alcohol level of 0.09% during blood, the Defendant was driving towards the private distance of the Cheongdo Park near Gangnam-gu Seoul Metropolitan City (Seoul) in the direction of the private distance of the Cheongdo Park

In such cases, the driver of the vehicle shall not drive the vehicle while drinking, and there was a duty of care to prevent accidents in advance, such as the safe operation of the vehicle in accordance with the traffic signals.

Nevertheless, the Defendant, while neglecting his/her duty and changing his/her former signal to a stop signal, did not proceed as it was due to the negligence of proceeding, and the part of the victim D(I, 36 years old), which was left left at the left due to the left-hand turn on the math on the road at bed, conflict with the front-hand part of the Defendant’s vehicle.

As a result, Defendant 2 suffered injury to the victim by negligence in the above business, such as fluoral salt, which requires approximately two weeks of treatment.

2. Defendant 1 was under the influence of alcohol level of 0.09% in the daily border as stated in the above paragraph (1) and blood alcohol level of 0.09%, Defendant 2 driven the vehicle B from approximately 3km to Seoul Gangnam-gu Intersection.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

1. A medical certificate;

1. Previous convictions in judgment: Inquiries about criminal history and the application of Acts and subordinate statutes to report criminal investigations (the criminal records, etc.);

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

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