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(영문) 서울서부지방법원 2018.08.23 2018고단1224
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a motor vehicle with D low-priced motor vehicles.

On March 1, 2018, the Defendant driven the above vehicle under the influence of alcohol level of 0.171% in light of the blood alcohol level of 05:20 on March 1, 2018, and driven the road of four lanes in front of the old wave distance in Eunpyeong-gu Seoul, Eunpyeong-gu, Seoul, at a speed that would not be known along the two-lanes of movable property, from the high side of the seat of the seat of the passenger.

At the time, in such a case at night, a person engaged in driving of a motor vehicle has a duty of care to safely operate by accurately operating the steering gear and the steering gear.

Nevertheless, under the influence of alcohol, the Defendant neglected to stop on the front side of the Defendant’s vehicle, and received the front part of the Defendant’s vehicle, in front of the Defendant’s vehicle, the part of the lower part of the Fststa taxi driven by the victim E ( South, 45 years old) who was standing in the signal waiting at the front side of the Defendant’s vehicle.

Ultimately, the Defendant suffered, by occupational negligence, the injury on the left of a salt pane and a scarke wall that requires approximately two weeks of treatment to the above victim E, and the injury of scare and tension that require approximately two weeks of treatment to the victim G (V, 60 years of age) who is the passenger of the damaged vehicle.

2. Around 05:20 on March 1, 2018, the Defendant driven a D low-speed car with alcohol content of 0.171% while under the influence of alcohol from the 3km section in Eunpyeong-gu Seoul, Eunpyeong-gu, Seoul, to the front day of a mutually influent restaurant located in the name of the Eunpyeong-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition (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 of victims;

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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