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(영문) 서울남부지방법원 2017.09.18 2017고정1272
교통사고처리특례법위반등
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

The Defendant is a person who drives a freezing tower B on duty.

A. On June 22, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) driven the said cargo vehicle under the influence of alcohol level of 0.186% among blood transfusions, and changed the course to a two-lane course at a speed of about 40 kilometers per hour in the direction of speed from the south side to the south side of the road of 45-lane in Seoul, Nowon-gu, Seoul.

In such cases, a person engaged in driving service of a motor vehicle has a duty of care not to change course when it is likely to impede normal traffic of another motor vehicle running in the direction of change of course.

Nevertheless, under the influence of alcohol, the Defendant, due to the negligence of neglecting it and changing the course of it, conflicted with the victim C(46 tax) driving Dlelele car at the driving seat of the Plelelele car in the same direction.

As a result, the Defendant suffered from the Defendant’s negligence on the part of the above business, which requires approximately two weeks of treatment.

B. Around 09:50 on June 22, 2015, the Defendant driven the said cargo vehicle under the influence of alcohol concentration of about 30 kilometers from the office located in Seongdong-gu Seoul Metropolitan Government to the office located in Seongdong-gu, Seoul at a high speed of about 45-gil 1, 45-ro, Seoul, and the front road in front of the high class neighborhood park, while under the influence of alcohol concentration of 0.186%.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement protocol with regard to C by the police;

1. A traffic accident report;

1. A report or investigation report on the detection of a driver at the main place of business (the above drone formula application);

1. The application of Acts and subordinate statutes to a report on investigation (written estimate and written diagnosis);

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

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