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(영문) 서울북부지방법원 2018.05.10 2018고단869
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a driver of a B-cruise car.

On February 24, 2018, the Defendant driven the foregoing vehicle while under the influence of alcohol content of 0.105% among blood transfusions on 22:30 on February 24, 2018, and was straighted in the direction of 1st century from the upstream of the river basin of Seoul Special Metropolitan City, Nowon-gu, with three lanes in front of 299 (Seoul Special Metropolitan City, Nowon-gu).

In such cases, there was a duty of care to prevent accidents in advance by driving safely by accurately operating the steering and brake system for those engaged in driving vehicles.

Nevertheless, Defendant C (47 tax) was driven by negligence while under the influence of alcohol as seen above by Defendant C (47 tax).

D The back part of the cargo truck was received as the front part of the Defendant’s driving vehicle.

After all, the Defendant suffered, by the above negligence, the victim C (47 tax) with approximately two weeks’ injuries, such as salt paneries and tensions in the scam and tensions, and the victim E (V, 47 years old) with approximately two weeks’ medical treatment.

2. The Defendant violated the Road Traffic Act (drinking) driving the above vehicle while under the influence of alcohol 0.105% in a daily border, such as the preceding paragraph, and driving the vehicle from the 372-day-ro, Seoul Special Metropolitan City, Nowon-gu to the point of the accident.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident under C and E;

1. A survey report on actual conditions;

1. A report on detection of a driver at driving, inquiry of the results of crackdown on drinking driving, and report on internal investigation (the application, etc. of the aforementioned drone formula);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant provisions of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)2 and Article 44(1) of the Road Traffic Act concerning criminal facts;

1. Article 40 and Article 50 of the Criminal Act, the selection of fines, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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