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(영문) 서울서부지방법원 2018.05.17 2018고단468
교통사고처리특례법위반(치상)등
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Defendant shall be punished by a fine not exceeding eight million won.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving of Bsch Rexrothton car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On January 26, 2018, the Defendant driven the said car under the influence of alcohol level of 0.159% among blood transfusion around 05:50 on January 26, 2018, and driven the three-lane road in front of Eunpyeong-gu Seoul, Seoul at the direction of the transmission, along three-lanes from the direction of the transmission.

At all times, there are vehicles waiting for signal signal at the front door, so in such a case, the driver of the vehicle has a duty of care to prevent the accident by properly manipulating the front door and driving the steering system.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in performing the duty at the front time, and the part of the Defendant was followed by the EM car of the victim D(38 S) driving in the front of the signal signal in the front bank, and the part of the panf in the front of the said Bosch Rexton car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said vehicle under the influence of alcohol with alcohol content of 0.159% at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. A traffic accident report;

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

1. Relevant Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, Articles 148-2(2)2 and 44(1) of the Road Traffic Act, and the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the reasons for sentencing of Article 334(1) of the Criminal Procedure Act:

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