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(영문) 서울동부지방법원 2015.01.15 2014고정2127
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

1. On September 23, 2014, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Special Cases”) driven BT100 Orala while under the influence of alcohol of 0.156% on blood alcohol level on September 18:37, 2014, driving BT10 Orala, thereby driving the two-lanes in front of the 10th five-lane high-ro, Gangdong-gu, Seoul Metropolitan Government 97, Godro 97, Goduk-ro, 10, along the two-lanes from the direction towards the intersection of the C

Since there is a crosswalk in which a signal, etc. has been installed, it was confirmed whether a person engaged in driving of a motor vehicle has the duty of care to reduce the speed and to see well the front door, and to safely drive the motor vehicle according to the traffic signal and prevent the accident in advance.

Nevertheless, the Defendant neglected this and tried to find out the victim C (seven years of age) who cross the crosswalk from the left side of the crosswalk in accordance with the pedestrian signal at the same speed by negligence, even though the front line is changed to the stop signal, and then he was able to avoid it. However, the Defendant did not avoid it and did not go beyond the left side of the victim due to the front part of the front part of the front part of the Defendant's earth and the front part of the road.

As a result, the Defendant suffered the victim's medical care for about two weeks due to the above occupational negligence, and suffered the victim's medical care for the left side.

2. Around September 18:37, 2014, the Defendant driven the BT100 Oral Ba, while under the influence of alcohol on September 23, 2014, around 10:156% of alcohol level, on the road located in the road located in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, Seoul, 20km-ro 97, 10km-ro 20,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement of traffic accident;

1. Investigation report on the actual condition of traffic accidents, report on the detection of a driver, and report on the circumstantial statement of a driver;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2(2) of the Road Traffic Act.

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