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(영문) 서울중앙지방법원 2013.07.18 2013고정2910
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant is engaged in driving a two-wheeled vehicle BT100, in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

At around 12:00 on March 20, 2013, the Defendant driven the above-wheeled vehicle with a blood alcohol concentration of 0.095%, and led to the accident place in the middle of the two lanes, one lane opposite to the two lanes, driving on the same-wheeled vehicle at a speed of 0.095%.

In such cases, a person engaged in driving service has a duty of care to accurately manipulate the steering gear, brakes, etc. of the vehicle and not drive it at such a speed or in such a manner as to cause any danger and injury to others.

Nevertheless, the Defendant neglected to neglect an electric-wheeled vehicle while under the influence of alcohol and proceeded with the opposite lane. The Defendant sent 125 cc a vehicle with the two-wheeled vehicle driving by the Defendant at 125 cc a vehicle with the two-wheeled vehicle under the influence of alcohol, and the front part of the two-wheeled vehicle is collisioned by the front part of the two-wheeled vehicle driving by the Defendant.

As a result, the Defendant suffered injury to salt and tensions that require about 10 days of medical treatment to the victim due to such occupational negligence.

2. The Defendant was under the influence of alcohol content of 0.095% at a time as referred to in paragraph (1) of this Article, and the Defendant driven the above two-wheeled vehicle from the upper end of 783-2 of the Gangnam-gu Seoul Eastdong to the upper end of 732 of the same 7.32.

3. The Defendant was driving a two-wheeled vehicle that was not covered by mandatory insurance at the same time and place as that of paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer and written diagnosis of C;

1. A traffic accident report, actual condition investigation report;

1. Report on the state of his/her oral statement, and investigation report (defensive application);

1. Application of the Acts and subordinate statutes to notification of detection of violators of Automobile Management Act;

1. Criminal facts;

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