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(영문) 서울중앙지방법원 2017.10.16 2017고정2632
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B A7 car.

1. On May 27, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said car while under the influence of alcohol level of 0.056% among blood transfusions on May 27, 2017, and proceeded at a speed below the U.S. level, depending on one lane in the direction of the intersection where the roads of the fourth-lane in front of Seoul Gangnam-gu Seoul Metropolitan City are set at the intersection in the parallel where the roads of the fourth-lane in front of Seoul Metropolitan City are set at the parallel.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as making a good living of the traffic situation and accurately manipulating the steering gear, etc.

Nevertheless, while the Defendant neglected to do so and while driving under the above alcohol as above, he was driven by the victim D (V, 5 years old) in front of the Defendant’s vehicle and received the back part of the passenger vehicle volume as the front part of the Defendant vehicle.

Defendant 1 suffered injury to the victim D, such as “satisf and tensions in front of the border,” which requires approximately two weeks of treatment by occupational negligence as above, and the victim F (V, 28 years of age) who is the passenger of the damaged vehicle, such as “satisf and tensions in front of the border,” which require approximately two weeks of treatment.

2. Defendant 1 driven the said vehicle under the influence of alcohol concentration of approximately 0.056 km from the 107-gil 6, Gangnam-gu, Seoul, Seoul, at the time of the day set forth in the above paragraph 1 to the front of the hotel of “Nurd” to the front of Gangnam-gu, Gangnam-gu, with a view to the alcohol level of about 3.6km.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. A traffic accident report;

1. A report on the detection of a primary driver;

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

1. Article 3(1) and the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), Article 268 of the Criminal Act (the occupation and the occupation in practice) concerning criminal facts.

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