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(영문) 서울북부지방법원 2019.01.24 2018고단4925
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a vehicle B k7.

Around 08:40 on October 3, 2018, the Defendant driven the above vehicle, while under the influence of alcohol of 0.217%, and driven the two lanes of the blood alcohol concentration of 0.217% on the same as Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, for the same way as the 245-Gao-ro 41 and the underground lane of the 241-ro Do was driven at a speed of about 40km depending on the two-lanes of government

At all times, there is a white solid line on the floor as a place where the underground lane begins, so in such a case, a person engaged in driving a motor vehicle has the duty of care to safely drive the motor vehicle by keeping with safety signs on the road, and by keeping the traffic situation of the front and rear left, the person engaged in driving a motor vehicle with the duty of care.

Nevertheless, the defendant, while under the influence of alcohol, changed the course from the white cell line to the two-lane as is without examining the right-hand side, caused the victim C(33 years of age)'s right-hand side to the right-hand side of the above vehicle.

Ultimately, the Defendant suffered injury to the victim through occupational negligence as above, such as salt, tension, etc. of the trend that requires approximately two weeks of treatment.

2. Around 08:40 on October 3, 2018, the Defendant driven the said vehicle under the influence of alcohol content 0.217% of alcohol content from the parking lot located in the new village in Mapo-gu Seoul, Mapo-gu to the same 245-ro 41 underground level in Seoul Special Metropolitan City, Nowon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. A traffic accident report;

1. A medical certificate;

1. Notification of the results of the drinking driving control, and a request for appraisal;

1. Application of Acts and subordinate statutes of the Investigation Report (Application of Badmark);

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act concerning facts constituting an offense, and the Selection of Punishment;

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