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(영문) 서울남부지방법원 2016.07.13 2016고정572
교통사고처리특례법위반등
Text

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

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

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 engaging in driving a car with B test.

On November 29, 2015, the Defendant driven the said car under the influence of alcohol content of 0.106% in blood, and driven the said car along three-lanes from the border of fire to the Kimpo Airport, according to the Olympic Games in which 26 Geum-ro, Gangseo-gu, Seoul, Geumwon-ro, 152-39, is located.

In such cases, the driver has a duty of care to safely operate the steering system by accurately operating the steering gear and steering gear.

Nevertheless, the Defendant neglected to do so and driven a vehicle while under the influence of alcohol without keeping the front left right and the road separation zone installed on the right side of the vehicle of the Defendant in front of the vehicle in the direction of the direction of the vehicle, and the vehicle turns to the left side, and again turns to the left side and the center separation zone of the road is going to proceed one-lane in the same direction of the road, and the driving of the D Lasta taxi in front of the Defendant was able to be the right side of the vehicle of the Defendant.

Ultimately, the Defendant suffered the victim’s salt, tension, etc. in need of approximately three weeks’ medical treatment due to the above occupational negligence.

2. Defendant 1, who violated the Road Traffic Act (drinking driving), driven a car with B, while under the influence of alcohol content of about 0.106% in blood at the section of approximately 18km from the south Station near Gangnam-gu, Gangnam-gu, Seoul, to the place of the accident from Gangnam-gu to the point of the accident.

Summary of Evidence

1. A protocol concerning the examination of the accused;

1. A written statement of the occurrence of a traffic accident C;

1. A report on detection of drivers and a report on actual fact-finding;

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

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

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