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(영문) 서울서부지방법원 2014.04.02 2013고정3052
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 8, 2013, the Defendant is a person engaged in driving BX100 ob, and the Defendant driven the above oba while under the influence of alcohol level of 0.076% around 05:46 on June 8, 2013, driving the oba and proceeding the front of the 37-1 oba-dong, Eunpyeong-gu, Seoul, at a speed of about 20 kilometers at a speed of about 20 kilometers at the speed of speed depending on one-way passage from the obabba, in which the vehicle traffic is frequent and no signal is installed, there was a duty of care to safely proceed with temporary stop and slowly prior to entry into the intersection.

Nevertheless, the Defendant neglected this and did not discover the victim C (75 years of age) who passed a bicycle crossing from the right-hand side of the madern where the Defendant got a bicycle to the left-hand side and passed a crosssection, and received the part on the left-hand side of the bicycle driven by the victim with the front wheels.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as the left-hand majority of the 14 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Reports on the occurrence of a traffic accident;

1. Report on detection of a host driver;

1. Report on the circumstantial statement of a senior driver;

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso of Article 3 (2) and Article 3 (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, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, and the selection of fines;

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

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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