logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.11.04 2016고정1918
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

A. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a B car.

On May 10, 2016, the Defendant driven the above vehicle while under the influence of alcohol of 0.070% of blood alcohol concentration on 13:30%, and proceeded at a speed of about 30km per hour, depending on the speed of about 30km between the two-lanes from the side of the slope of a wooden slope to the side of a wooden slope.

In such cases, a person engaged in driving service has a duty of care to thoroughly prevent accidents in the front time.

Nevertheless, the Defendant changed the course to a two-lane due to the negligence in the course of driving a brealy driving, which was driven by the victim C (W, 52) who was in the two-lane course, into the left-hand part of the DNA car, and conflict with the front-hand part of the Defendant’s vehicle.

After all, the Defendant suffered from the victim and the victim E (year 61) of the same vehicle due to the foregoing occupational negligence in the course of the business so that the Defendant suffered salt, tensions, etc. in need of approximately two weeks of treatment.

B. The defendant is in violation of the Road Traffic Act (driving).

At the time of Paragraph 1, the two-way city in Yeongdeungpo-gu Seoul Metropolitan Government driven the above vehicle about 100 km from the Seogyeong-dong, Seoul Metropolitan Government, to the Sugyeong-dong, in the state of alcohol with a blood alcohol concentration of 0.070% at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Reports on the actual condition of traffic accidents, reports on the results of the drinking driving control, circumstantial statements of drinking drivers, and reports on the results of the drinking driving control (deficial application);

1. Each written diagnosis;

1. Application of video and photograph CD-related Acts and subordinate statutes;

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Handling of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (a point of sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

arrow