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(영문) 서울남부지방법원 2017.10.12 2017고단3849
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving service of a passenger car at the end of the bill No. B.

On June 16, 2017, the Defendant driven the above vehicle while under the influence of alcohol of 0.090% during blood transfusion 00:15, and proceeded at the speed of the US, depending on three-lanes between the three-lanes in the direction of the Western Truck Terminal in the IC room, for the error of the above vehicle at the high speed of 23:60-gil-ro, Seoul Metropolitanro-gu, and the front side of each salary grade elementary school.

At the time, it is night and its location is where the central line of yellow solid lines is installed, so in such a case, the driver of the motor vehicle has a duty of care to safely proceed by passing the right side of the central line.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and went beyond the median line, went through the opposite vehicle due to the negligence of the Defendant, and faced the D's siren driving of the victim C ( South, 66 years old) with the front part of the passenger vehicle.

After all, the defendant suffered from the above occupational negligence such as injury to the victim C, including approximately 4 weeks of cage cage cages (5 times) and injury to the victim E (the victim South and 31 years of age), who is the passenger of the damaged vehicle, about 3 weeks of cage cages, tensions, etc.

2. When the Defendant violated the Road Traffic Act (drinking driving), Defendant 1 driven a B Malaysia car while under the influence of alcohol content of about 0.090% in a section of approximately 8km from the south-gu, Seoul Special Metropolitan City, the Southern-ro, the 1614, the 23-lane 60, the 23-lane 1, the old-ro, Seoul-ro, the south-gu, Seoul, the south-ro, the south-ro, the south-ro, the south-ro, and the south-west road of each salary grade.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement and a written statement on the occurrence of each traffic accident;

1. In the inquiry of the results of the crackdown on the driving of alcohol, a statement report on the situation of the driver in charge, a survey report on the actual condition, a vehicle photograph, a black stuff photograph, a field photograph, and a diagnosis report on the law.

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