(영문) 서울서부지방법원 2018.12.06 2018고정435

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2018.12.06 2018고정435

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving Doz motor vehicles.

On February 15, 2018, the Defendant driven the foregoing vehicle while under the influence of 00:30% alcohol during blood, and driven the distribution bridge in Yongsan-gu Seoul, Yongsan-ro 269 from the north to the south of the three-lane.

In this case, a person engaged in driving service has a duty of care to safely drive the steering system and brake system of the vehicle by accurately operating the steering system of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to proceed with two-lanes as it is, and thereby, was placed at the left-hand side of the victim E(34) driving of the victim E(34) who proceeded two-lanes in the same direction.

In this regard, the Defendant suffered injury to the above victim by negligence in the course of performing such duties, such as salt, etc. which requires approximately two weeks medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement protocol by the police for E;

1. Determination as to the assertion by the Defendant and his/her defense counsel in a true fact-finding report, a primary driver detection report, an accident video CD, a medical certificate

1. In full view of the fact that the medical certificate issued by the victim was merely a constructive diagnosis on the basis of the victim’s statement, and that the victim suffered injury in need of two weeks’ medical care due to the instant medical certificate, based on the above medical certificate, when considering the following: (a) the victim was faced with the right side of the defendant’s vehicle at the time of the instant accident and the left side of the victim’s vehicle; (b) the shock level caused by the accident is very insignificant; (c) the victim was not clearly mentioned immediately after the occurrence of the accident; and (d) the victim was receiving the first hospital treatment for the first time after four days after the occurrence of the accident;

It can not be seen, and the degree of injury suffered is extremely low.

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