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(영문) 서울북부지방법원 2014.09.16 2014고정1874
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and violation of the Road Traffic Act are engaging in driving service of B New Franchises.

At around 22:00 on May 7, 2014, the Defendant driven the above vehicle while under the influence of alcohol of at least 0.05% (at around 23:08 on a day, blood alcohol concentration is 0.128%) of blood alcohol concentration (at around 23:08 on a day, the blood alcohol concentration is 0.128%) and driven the vehicle at about 30 kilometers in speed, depending on the two-lanes from the direction of the tri-gu road in front of Seoul Northern-gu, Seoul to the direction of the baby distance.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reporting the traffic situation well and accurately manipulating the steering gear, etc.

Nevertheless, the defendant's negligence by neglecting it and proceeding in the same direction, and the back part of the E-si driven by the victim D (the age of 58) who was driving the same lane in the same direction, conflict with the front part of the vehicle of the defendant.

As a result, the Defendant, by negligence in the course of business, suffered from the injured party F (the 60-year old-age) the injured party F (the 60-year-old) who requires approximately two weeks of medical treatment to the injured party D, and at the same time damaged the damaged vehicle, damaged the damaged vehicle by requiring the repair cost of KRW 979,128.

2. The Defendant violated the Road Traffic Act (driving a sound driving) in a state of alcohol exceeding 0.05% of the blood alcohol concentration at a distance of about 200 meters from the road near the entrance of the Seocho-gu, Seoul Metropolitan City (6th U.S.) in a temporary border, such as the preceding paragraph, to the place where the said accident occurred.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report;

1. Statement on the circumstances of a drinking driver and report on the detection of a drinking driver;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to photographs of victimized vehicles;

1. The relevant Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts;

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