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(영문) 서울남부지방법원 2016.06.03 2016고정606
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a K3 car.

1. On November 29, 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 vehicle while under the influence of alcohol content of at least 0.055% among blood transfusions. On November 29, 2015, the Defendant driven the said vehicle in the direction of raising three-lanes of the three-lane roads south of the Sungsan-do of the main road between Yeongdeungpo-gu Seoul Metropolitan Government, along one lane.

In this case, the driver of the vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent the accident in advance.

Nevertheless, the Defendant neglected to drive his vehicle and proceeded with a bend road along the direction by driving it on the two-lanes, and was negligent in entering the two-lanes, and the part on the left side of the victim C( South, 43 years old) who was driving on the two-lanes, and was in the front side of the Defendant’s vehicle in front of the right side.

As a result, the Defendant suffered injury to the victim, such as cinal salt, which requires treatment for up to seven days, due to the foregoing occupational negligence, and injury to the victim E, who is the passenger of the victimized vehicle, such as cinal and cinal salt, requiring treatment for about two weeks.

2. When the Defendant was under the influence of alcohol level of 0.055% during a day-to-day alcohol level, such as that set forth in the preceding paragraph, the Defendant driven the said car at approximately 10km from the boundary of the Seocho-gu Seoul Mapo-dong Red Pol Park to the place of the accident as set forth in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A fact-finding survey report and a report on the occurrence of a traffic accident;

1. A statement of the fact-finding of the driver placed in the main place and a report on the detection of the driver placed in the main place;

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

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

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