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(영문) 서울중앙지방법원 2016.08.30 2016고정2128
교통사고처리특례법위반등
Text

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

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents and the Road Traffic Act, the Defendant is a person engaging in driving a vehicle BAD.

On April 13, 2016, the Defendant was under the influence of alcohol content of 0.09% in blood around 03:20 on April 13, 2016, while driving the said vehicle and driving a five-lane road in front of Gangnam-gu Seoul Metropolitan Government C along the two-lane distance from the Cheongdo private road to the right alleym.

In this case, the driver of the vehicle has a duty of care to give notice of change of course by operating direction, etc. to the driver of the vehicle, and to change the vehicle line by properly examining the traffic situation at the right and right.

Nevertheless, the Defendant neglected to do so, and thereby, went through a three-lane in the same direction by changing the lane to the right side of the passenger car of the Defendant as the victim D (51) of the victim D (51) who was driving the E-si, which was driving the three-lane, received the more part of the left side of the E-si.

Ultimately, the Defendant by occupational negligence inflicted approximately two weeks on the said D salt pans and tensions, and upon the victim FF (28 Does) on the said taxi, the Defendant inflicted approximately two-day medical treatment on the franchis and tensions, and at the same time, damaged the f51,354 won of repairing the said taxi.

2. While the Defendant was under the influence of alcohol level of 0.09% during the temporary border blood transfusion as referred to in paragraph (1), the Defendant driven the said car at a section of approximately KRW 1 km from the cirm off of the Gangnam-gu Seoul Cheongdamdong to the same front C.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. A survey report on actual conditions;

1. A record of respiratory results;

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

1. Application of each written diagnosis, vehicle photograph, and written estimate of vehicles;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3 (2) of the same Act concerning criminal facts.

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