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(영문) 서울남부지방법원 2018.11.20 2018고단5085
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Around September 13, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a B-cracked car on September 13, 2018, and led the front side of Yeongdeungpo-gu Seoul Metropolitan Government to a eromatic speed from the erogate to the erogate.

In this case, the driver of a motor vehicle has a duty of care to safely operate the steering gear by accurately operating the steering gear and the steering gear.

Nevertheless, the Defendant, while under the influence of alcohol level 0.164% in blood, neglected to perform the above duty of care and caused the Defendant to go beyond the victim due to the negligence of the victim D (the 45 years old)'s front wheel part of the bicycle that the Defendant driven by a cruise car that the Defendant driven.

As a result, the Defendant suffered injury to the victim, such as salt dump, etc. in the right field, which requires approximately two weeks of treatment, due to the above occupational negligence.

2. On the date and time set forth in paragraph 1, the Defendant driving the said B cruise car under the influence of alcohol concentration of about 0.164% at approximately 10 meters in blood alcohol level in front of Yeongdeungpo-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report;

1. Photographss related to traffic accidents;

1. Notification of the results of regulating drinking driving;

1. Investigation report (the above dmark);

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

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

1. Selection of each alternative fine for punishment (the fact that the defendant has no record of being punished for any traffic-related crime, such as drinking driving, etc., the fact that the defendant's vehicle driven is covered by a comprehensive motor vehicle insurance and thus it is possible to compensate the victim for damage;

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