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(영문) 서울북부지방법원 2020.01.30 2019고단3862
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person driving a B rocketing car in his own possession.

1. On June 25, 2019, the Defendant driving the said vehicle under the influence of alcohol level of 0.070% at around 20:54, and driving the said vehicle at a speed of about 60 kilometers per hour at a speed of about 50 kilometers per hour depending on three-lane roads in the direction of D University, from the west-gu three-lane from the west-gu three-lane away from the west-gu metropolitan distance.

In such cases, anyone shall not drive a motor vehicle while under the influence of alcohol, and the driver of any motor vehicle has a duty of care to prevent accidents by driving the motor vehicle along the roadway on the road divided into sidewalk and roadway.

However, the defendant is driving an automobile while under influence of alcohol in violation of this provision.

A roadside driving has been driven and the vehicle is driving along the three-lanes (passing lanes).

The front part of the victim E (the age of 21) who was waiting for the pedestrian signal of the crosswalk by moving directly to the hond road as it is on the hond road.

As a result, the victim suffered from the 5th left-hand side of the 5th-hand side, which requires stability for about 6 weeks.

2. The Defendant violated the Road Traffic Act (driving) drive the said vehicle at the same time under the influence of alcohol level of 0.070% in the vicinity of Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, Nowon-gu, 437, and drive approximately 9 kilometers on the front road of the Seongbuk-gu F apartment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of E traffic accidents;

1. A traffic accident report (1), (2);

1. Report on the circumstantial statement of a drinking driver, response to requests for appraisal (credit alcohol concentration) and investigation report (related to the application of the Ba mark);

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

1. Article 3 (1), the proviso to Article 3 (2) 8 and 9 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Article 268 of the Criminal Act, and Articles 148-2 (3) 3 and 44 (1) of the Road Traffic Act concerning criminal facts;

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