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(영문) 서울북부지방법원 2019.06.20 2019고정437
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Around 03:20 on November 4, 2018, the Defendant driven LGO-C250 Kwikset under the influence of alcohol content 0.120% from approximately 20 meters away from the Do in front of the “Posi” vehicle located in Gangnam-gu Seoul, Seoul, to the front road of the “Posi” located in the Seoul Southern-gu Seoul, Gangnam-gu C.

2. On November 4, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving the front road of the “Poskwikset” in Gangnam-gu Seoul, Seoul, with a blood alcohol concentration of 0.120%, while under the influence of alcohol on November 4, 2018, the Defendant driven the former Kwikset as described in paragraph (1) and driven it at an insular speed in the direction of the Arabic distance.

At night, there are frequent traffic of pedestrians in commercial buildings, so in such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering system and brake system of the vehicle as the driver of the vehicle well sees the front left by the driver of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and proceeded without properly examining the front, and received the Defendant’s head who was on the left side of the victim D(the age of 49) who was fright together with his her fright and was living together with his her fright and left side of tobacco.

Ultimately, the Defendant suffered injury to the victim, such as a spathal of a baby who needs approximately three weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident, a traffic accident report (1) and a survey report, each investigation report, each investigation report, records of a vehicle driving license, a certificate of vehicle driving, a medical certificate, confirmation of medical treatment, and application of Acts and subordinate statutes to the Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, and Article 148-2 (2) 2 of the Road Traffic Act;

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