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(영문) 서울중앙지방법원 2015.09.17 2015고정3237
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. Around 03:45 on June 20, 2015, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act ( sound driving) and the Defendant was under the influence of alcohol of 0.163% of blood alcohol concentration in the Han River that is located in Dongjak-gu Seoul Metropolitan Government, and was driving Btopcar car in the Han River Station located in Dongjak-gu, Seoul, with a two-lane speed from the south of the Han River Zone to the north along the two-lane.

At the time, the victim C(55 years old) driving was in progress at night, and in this case, when the driver of the vehicle changes the lane, the driver of the vehicle has a duty of care to change the lane and prevent the accident in advance.

Nevertheless, the Defendant neglected this and neglected to change the lane into one lane while under the influence of alcohol, and was negligent in driving the Defendant’s vehicle into the part above the left part of the Defendant’s vehicle.

As a result, the Defendant suffered, from the above occupational negligence, around two weeks, salt ties and tensions in the trend that needs to be treated for approximately two weeks to the victim E (25 years of age) who is the passenger of the damaged vehicle, and the victim F who is the passenger of the damaged vehicle (the victim F (the victim 22 years of age) who is in need of the treatment for about three weeks.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated a B-to-car car without mandatory insurance at the date and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the police statement concerning C;

1. A traffic accident report;

1. A record sheet of pulmonology and a report on detection of pulmonary drivers;

1. Mandatory insurance policies;

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

1. Article 3(1), proviso of Article 3(2)8 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 of the Road Traffic Act concerning criminal facts;

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