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(영문) 서울북부지방법원 2016.09.22 2016고정1647
교통사고처리특례법위반등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant violating the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a two-wheeled vehicle.

On June 23, 2016, the Defendant driven the above vehicle around 23:20 on June 23, 2016, and driven the road in front of the D cafeteria in Seoul Special Metropolitan City, Nowon-gu, along the influence level of 0.085% under the influence of alcohol during blood, into one lane between the three lanes in the direction of bank shooting distance.

Since there is a traffic control by signal, etc., the driver as a driver has a duty of care to safely proceed in accordance with traffic signals and not to drive a motor vehicle in a state where normal driving is difficult due to influence of drinking.

Nevertheless, the Defendant neglected this and caused the victim E (16) who dried the crosswalk from the right side of the driving vehicle to the left side in accordance with the pedestrian signals by the negligence of driving the vehicle while under the influence of alcohol, with the front wheels of the Defendant’s driving vehicle.

As a result, the Defendant suffered from the victim’s negligence in the above occupational negligence, “a tension with tension with tensions,” which requires approximately two weeks of medical treatment.

2. Defendant 1 driven the said vehicle at a section of approximately one kilometer from the offset station located in Seoul Special Metropolitan City, Nowon-gu to the roads located in the same Gu C from the offset station located in Seoul Special Metropolitan City, Nowon-gu to the roads located in the same Gu C while under the influence of alcohol level of 0.085% in the border of the same day as above 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a report on a traffic accident (1) (2) and a written statement on the issuance of a traffic accident;

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

1. A copy of a medical certificate or medical certificate;

1. Application of the Acts and subordinate statutes to photograph CCTV images;

1. Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the point of causing occupational negligence), Article 148-2(2)3 of the Road Traffic Act.

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