logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2015.07.08 2015고정1339
교통사고처리특례법위반등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a vehicle BM5.

On April 14, 2015, the Defendant driven the said car while under the influence of alcohol of 0.057% with blood alcohol concentration around 06:30%, and led the Defendant to drive the said car along the two-lanes in the direction of the Yellow Road in Seoul Dongdaemun-gu, Seoul, along the direction of the school affairs distance, along the two-lanes in the direction of the new road.

Since there is an intersection where a signal, etc. is installed, a person engaged in driving a motor vehicle has a duty of care to live well with the signal, etc. and to drive the motor vehicle safely in accordance with its signals.

Nevertheless, by negligence in contravention of the signal while under the influence of alcohol, the Defendant was driven by the victim D(the age of 48) who was straight from the right-hand side of the proceeding to the left-hand side of the eba-si operated by the victim D(the age of 48) with the front-hand part of the vehicle of the Defendant.

Ultimately, the Defendant, by occupational negligence, sustained injury to the victim D, such as “intest salt and tension,” which requires approximately two weeks of medical treatment, and injury to the victim F (V) who is the passenger of the victimized vehicle, to “intest salt and tension,” which requires approximately two weeks of medical treatment.

2. While the Defendant was under the influence of alcohol concentration of 0.057% in a temporary light as referred to in the preceding paragraph, the Defendant driven BM5 car from a distance of about 2 km from Seoul Jung-gu to the front road of Dongdaemun-gu Seoul Metropolitan Government.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. The actual condition survey report;

1. Each written diagnosis;

1. A report on the actual state of the driver;

1. A drinking measuring instrument;

1. A written report from an employee of an employer;

1. A report on investigation;

1. Blue boxes and video CDs;

1. Application of Acts and subordinate statutes governing vehicle photographs;

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

arrow