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(영문) 서울북부지방법원 2018.12.18 2018고정1640
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a two-wheeled motor vehicle B.

On March 7, 2018, the Defendant driven the above vehicle under the influence of alcohol level of 0.120% among blood transfusion around 03:05, and led the above vehicle to proceed with the 28th underground roadway in Seoul Special Metropolitan City, Nowon-gu, which was one-lane between the two-lanes in the location.

Since there was a center line of the underground vehicular road, which is a yellow solid line, there was a duty of care to safely drive the motor vehicle driving by checking the right and the right of the front side without harming the person engaged in the motor vehicle driving.

Nevertheless, the Defendant was under the influence of alcohol to drive an acceptable underground roadway beyond the above central line, and the Defendant was under the influence of the Victim C(51) driving of the victim C(51) who was under the influence of the Government in Seoul.

Ultimately, the Defendant suffered injury to the victim, such as the need to give approximately two weeks of treatment due to such occupational negligence, and the base of the pelvis, tension, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Reporting on the occurrence of a traffic accident, reporting on each traffic accident, reporting on the detection of the driver at home, reporting on the circumstances of the driver at home, and reporting on investigation into the situation of the driver at home;

1. A medical certificate;

1. Application of the relevant Acts and subordinate statutes on an accident site map and each accident site photograph;

1. Relevant Article 3 (1), the proviso to Article 3 (2) 2, and 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, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning criminal facts, the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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