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(영문) 서울동부지방법원 2018.05.16 2018고단970
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a vehicle with C low Pest another car.

1. On February 28, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said car while under the influence of alcohol level of 0.092% among blood transfusion on February 23:21, 2018, and led the said car to a 131 cancer knife, Seoul, a Godro, from the north bank of the Bridge, to the south bank of the same knife.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle, such as reducing the speed and ensuring a sufficient distance from the front and rear side traffic conditions, and to prevent the accident by driving the motor vehicle in a safe manner.

Nevertheless, the Defendant neglected this and was driven by the victim D, who was under the influence of traffic signal waiting in front of the direction of the course when he was under the influence of alcohol due to negligence while under the influence of alcohol, as part of the front part of the foregoing car driven by the Defendant.

As a result, the Defendant suffered injury to the victim F, who is the same passenger of the victim and the damaged vehicle, such as salt, tension, etc. in the boom that requires approximately two weeks medical treatment.

2. The Defendant was driving a motor vehicle under the influence of alcohol level 0.092% while under the influence of alcohol level 0.092%, from the section of about 15 km in Gangdong-ro, Gangdong-gu to the roads above the 131 Madro-ro, Goddong-ro, Jongno-gu, Seoul at the same time as the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on the indication of drinking records, a report on detection of a driver involved in driving, and a report on the circumstances of the driver involved in driving;

1. Each written diagnosis;

1. Application of the photographic Acts and subordinate statutes;

1. Article 3(1) and the proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and dental occupation) and Article 148-2(2) of the Road Traffic Act concerning criminal facts.

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