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(영문) 서울서부지방법원 2018.09.20 2018고단1679
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a passenger car on B, B, or B.

On April 19, 2018, the Defendant driven the said car under the influence of alcohol content of 0.138% among blood transfusions on 00:47, while driving the said car, and driving the two-lane road in front of D elementary school located in Eunpyeong-gu Seoul Metropolitan Government, Eunpyeong-gu, Seoul, along the non-wide air protection area into a non-wide area at the speed of about 30km, the Defendant turned to the intersection.

At the time, night and there were many vehicles crossing, so the driver of the vehicle had a duty of care to safely operate the brake and steering system by accurately operating the steering system and steering gear.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in proceeding with the Defendant’s vehicle, received the front part of the Defendant’s vehicle in front of the Fsch Rexroth E (W, 45 years old) driving the signal waiting in the direction of the vehicle.

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, the injury to the above victim E, such as salt in the scam for about two weeks in need of treatment, and the injury to the damaged vehicle G (V, 47 years of age) such as cam for about two weeks in need of treatment.

2. Around April 19, 2018, the Defendant violated the Road Traffic Act (drinking) driven a vehicle B-to-be under the influence of alcohol content 0.138% from the 2km section from the front of the new details of Eunpyeong-gu Seoul Metropolitan Government (D elementary school located in Eunpyeong-gu, Seoul to the front road of D elementary school located in Eunpyeong-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Criminal Act concerning criminal facts.

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