logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.06.04 2013고정1838
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On January 31, 2013, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Special Cases”), while driving a BM5 vehicle while under the influence of alcohol with no knowledge of alcohol content, and driving the BM5 vehicle on the roads of 537-10, Gangnam-gu Seoul Metropolitan Government, Seoul, along the two-lanes in the direction of the new history distance from the 4-lanes in the direction of the new history distance. The Defendant changed the two-lanes to the three-lane lines.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle, such as taking the front door and left door well, and accurately manipulating the steering gear, etc.

Nevertheless, the Defendant neglected this and followed the part in front of the left side of the vehicle driving by the Defendant, which was driven by the victim C(54 years of age) who was driving three lanes due to the negligence of changing the vehicle line as it is, and the front door of the vehicle driving by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt in the pel part, which requires approximately two weeks of medical treatment due to occupational negligence as above.

2. On January 31, 2013, at around 01:45, the Defendant was demanded to comply with the drinking test by inserting the breath of alcohol four minutes between approximately 30 minutes, in a manner that is deemed to have driven under the influence of alcohol, such as the Defendant’s face, eye, scambling, and smelling, at the Gangnam Police Station Traffic Investigation Team located in Gangnam-gu, Seoul, Gangnam-gu, Seoul, by means of a escambing a drinking measuring instrument four-minutes.

Nevertheless, the defendant, without any justifiable reason, failed to comply with the police officer's request for sobage measurement.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. C's statement on the occurrence of traffic accidents;

1. A medical certificate;

1. The report on traffic accidents (the actual survey report), the report on occurrence of traffic accidents, and the report on occurrence of traffic accidents;

arrow