logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.10.30 2017고정1597
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving of CPoter cargo vehicles in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On July 9, 2017, the Defendant driven the above cargo while under the influence of alcohol level of 0.096% from blood alcohol level around 08:30 on July 9, 2017, and driven the four-lanes in front of Dongdaemun-gu Seoul Metropolitan Government (Seoul) at a remote distance range of 0.09% on the surface of the company located in Dongdaemun-gu, Seoul, with two-lanes at an insular speed.

At all times, there was an intersection where signal lights are installed, and in this case, the FF-learning car driven by the victim E (42 ) was stopped for the atmosphere of the signal, so in such a case, the driver of the vehicle had a duty of care to properly operate the steering system by keeping the safety distance with the vehicle ahead and operating the steering system properly.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to perform the above duty of care, caused injury to the victim, such as cerebral sugar, which requires treatment for about two weeks by taking the back part of the victim's driver's vehicle as part of the front part of the driver's vehicle.

2. On the same date and time as paragraph 1, the Defendant driven C Poter Cargo Vehicles with alcohol content of about 0.096% from the 212 mountain apartment in Dongdaemun-gu, Seoul to the front road of the same Gu from approximately 1.2km to the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. The actual investigation report on traffic accidents;

1. A report on the detection of a primary driver;

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

1. Relevant Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents by 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 for each crime;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

arrow