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(영문) 서울동부지방법원 2018.07.04 2018고단1469
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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) is a person who is engaged in driving a motor vehicle BAD.

On April 28, 2018, the Defendant driven the said car under the influence of alcohol content of 0.146% from blood transfusion around 02:25 on April 28, 2018, and driven the front road of Gangdong-gu Seoul Metropolitan Government C at a speed of about 30km per hour depending on three lanes from the river basin to the river basin.

At the time, it was difficult to view the accident at night, so in such cases, a person engaged in driving a motor vehicle shall not drive the motor vehicle while under the influence of alcohol, and there was a duty of care to prevent the accident in advance by driving the motor vehicle safely and safely.

Nevertheless, the Defendant, while under the influence of alcohol, was under the influence of alcohol and was under the front part of the E-si driven by the victim D, who was under a stop in the front of the said car in order to let the passengers get off by negligence without properly operating the brake system.

As a result, the Defendant suffered injury to the victim, such as catum dynasium, which requires approximately two weeks of medical treatment by occupational negligence as above.

2. Around the day specified in paragraph (1), the Defendant driven the said vehicle under the influence of alcohol by 0.146% of alcohol concentration from the 10km section from the 15-lane 19-h, Seocho-gu Seoul, Seocho-gu, Seoul, to the front road of Gangdong-gu Seoul.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiry into the actual condition of traffic accidents, reports on the occurrence of traffic accidents, places of pulmonary measurement records, reports on detection of drivers at home, and inquiry into the results of crackdown on drinking driving;

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

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act (the point of injury caused by occupational negligence) and Article 148-2 of the Road Traffic Act.

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