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(영문) 서울북부지방법원 2013.07.24 2013고정1710
교통사고처리특례법위반등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a rocketing car owned by the Bank of Korea.

On April 3, 2013, the Defendant driven the above vehicle while under the influence of 0.063% of blood alcohol level around 02:00, and driven the above vehicle along the two lanes between the three-lane in the direction of the air hill tunnel in Nowon-gu, Seoul.

In such cases, a person engaged in driving service has a duty of care to prevent accidents by taking into account the entire course and the left and right of the person who is engaged in driving service.

Nevertheless, in order to overtake a taxi for business use on the number unregistered in the same direction as the previous one due to negligence while under the influence of alcohol, the Defendant did not stop by changing the course to the right side of the taxi in order to overtake the taxi for business use on the same direction, and did not stop, and fell into the front bank garden and cut into the front bank garden and caused the victim D, who was on the said vehicle due to its shock, to undergo approximately six weeks of treatment, such as the "math of the frame" in need of approximately six weeks of treatment, and the victim E suffered injury as the victim E requires approximately six weeks of treatment, such as "the pressure pressure of the first injection" in need of approximately three weeks of treatment.

2. The Defendant was driving the vehicles described in paragraph (1) while under the influence of alcohol level of 0.063% in the section of about 4 km from the boundary of Nowon-gu in Seoul Special Metropolitan City, Nowon-gu to the road of about 35 km-dong, Nowon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of each traffic accident of D, E, and F;

1. The actual condition of traffic accidents;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1), proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act and Article 148-2(2) of the Road Traffic Act concerning criminal facts.

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