logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2019.03.28 2018고단4770
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by imprisonment without prison labor for up to six months and a fine of up to 200,000 won.

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

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a bicycle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On October 20, 2018, the Defendant driven the above bicycle on October 20, 2010, and moved three-lanes in front of the Seoul Southernbuk-gu, Seoul, to the left side of the center line along the three-lanes in the direction of the "Blue House of the Seoul Northern-gu".

The driver of the vehicle and the driver of the vehicle are obliged to use the center line of yellow solid lines to pass along the center line to the right side of the center line and prevent accidents from occurring.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving along the center line, and the Defendant was dives of the victim C(the age of 47) who is proceeding in the direction opposite to the Defendant’s bicycle.

Ultimately, the Defendant suffered injury to the victim, such as the abandonment of the raw body, which requires approximately eight weeks of medical treatment due to occupational negligence as above.

2. On October 20, 2018, the Defendant, while under the influence of alcohol around 01:45%, driven bicycles at approximately 400 meters from the roads near Seoul Seongbuk-gu to the Seoul Northern-gu B, Seoul, while under the influence of alcohol by around 01:45%.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement related to the F and C involved in each accident;

1. Report on the circumstantial statements and investigation report of the employee (the circumstantial report of the employee)

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

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (2) 2 of the Act on Special Cases concerning Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, subparagraph 11 of Article 156 and Article 44 (1) of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, drives a bicycle while under the influence of alcohol.

Since having caused traffic accidents, victims have been injured.

arrow