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(영문) 서울남부지방법원 2015.07.21 2015고정1198
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a C.C. which is not covered by mandatory insurance.

1. 피고인은 2015. 3. 4. 21:35경 서울 금천구 D 앞 노상에서 혈중알콜농도 0.103% 주취상태로 뽕잎사랑 쪽에서 맥시칸치킨 쪽으로 횡단보도를 가로질러 진행하였다.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle without driving a crosswalk connected to the center line.

Nevertheless, the Defendant had the front side of the victim E (the age of 21) driving from the direction of the bank f.o.b. the Defendant had the front side of the victim E (the age of 21) driving on the side of the bank f.o.b., along the crosswalk connected to the center line.

Therefore, the victim suffered bodily injury, such as the definite base, which requires medical treatment for about two weeks.

2. On the same date and time as the above paragraph 1, the Defendant driven approximately 2 km from the Geumcheon-gu Seoul Metropolitan Government New Heungdong Complex to the above accident site in the state of 0.103% alcohol concentration in blood.

3. At the same date and time as the above paragraph 1 above, the Defendant operated the above Oral Ba that was not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes of the Korea Consumer Insurance Act and subordinate statutes to traffic accident reports, certificates of breathing measurement, reports on the actions of drinking drivers, diagnosis certificates,

1. Article 3 (1), the proviso to Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act, the selection of fines for each crime;

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

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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