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(영문) 서울서부지방법원 2018.08.23 2018고단1717
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 a vehicle B and III cargo vehicle.

On May 5, 2018, the Defendant driven the 0.132% alcohol concentration in blood around 03:47, while driving the above cargo vehicle with a alcohol concentration of 0.132%, and continued to drive the road four-lanes in the northwest of the Gangseo-gu Seoul Metropolitan City, Mapo-gu, Seoul, along the four-lanes of the city speed of about 60km in the direction of the Mapo-do.

At the time, there are nights and vehicles standing in front of the vehicle, so there was a duty of care to safely operate the vehicle by accurately operating the steering system and steering gear.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was under the influence of the Defendant’s failure to stop in front of the running direction of the Defendant’s vehicle C(58 S) driveed by the victim C(58) who was parked in front of the running direction of the Defendant’s vehicle. The lower part of the lower part of the Defendant’s vehicle was in front of the lower part.

As a result, the Defendant suffered injury to the victim by occupational negligence, such as catum dump, which requires approximately three weeks of medical treatment.

2. Around May 5, 2018, the Defendant violated the Road Traffic Act (drinking) driven B and III cargo vehicles while under the influence of alcohol of about 0.132% of alcohol content from the 4km section of approximately 4km from the roads near the digital media market in Mapo-gu Seoul Metropolitan Government to the northwest-dong, Mapo-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Photographs photographs of police officers in mobilization;

1. Statement on the circumstances of the driver at the main place, and statement of alcohol alcohol during blood;

1. Application of Acts and subordinate statutes confirming medical treatment;

1. Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the occupation on duty and on duty) and Articles 148-2(2)2 and 44(1) of the Road Traffic Act.

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