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(영문) 서울중앙지방법원 2017.04.12 2017고정19
교통사고처리특례법위반(치상)등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in the business of driving a bicycle BL125 U.S. bicycle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On October 7, 2016, under the influence of alcohol 0.105% during blood transfusion, the Defendant operated the motor device bicycle while driving the above engine device bicycle along the two lanes between the two-lanes in the direction of the wing-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City), from the new disease control room to the wing-down direction, and by negligence negligent in neglecting the duty of her front-way care in the direction of the wing-gu, and in violation of the signal, the Defendant conflict with the victim D (44 years) who driven the bicycle driving on the right side from the left side of the Defendant's running direction with the bicycle front side of the motor device of the Defendant.

As a result, the Defendant suffered injury to the victim, such as kneee knee knee, who requires treatment for about three weeks due to such occupational negligence.

2. Around October 22:20, 2016, the Defendant driven a bicycle with an engine device under the influence of alcohol with approximately 0.105% alcohol concentration from the 2km section of approximately 2km from the digital cross-ro, Guro-gu, Seoul to the place where the said accident occurred.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on the actual condition of a traffic accident, a report on the occurrence of a traffic accident, a statement on the circumstances of the driver at the main driver, a report on detection of the driver at the main driver and a record of

1. Application of Acts and subordinate statutes to diagnostic certificates and photographs;

1. Relevant Article 3 (1), the proviso to Article 3 (2) 1, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning criminal facts, the selection of fines, respectively;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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