logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2013.10.07 2013고정2685
교통사고처리특례법위반등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

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

On June 4, 2013, at around 05:10 on June 4, 2013, the Defendant driven the said car under the influence of alcohol with 0.107% of alcohol concentration, and, at the same time, driven the front road of the Red-Interest Hospital located in the New-dong, Yangcheon-gu Seoul Metropolitan Government along one-lane in the direction of the Gando Highway along the direction of the Gando Highway. As such, the Defendant had a duty of care to prevent accidents in advance by safely driving by safely examining the front bank and the left and left.

Nevertheless, under the influence of alcohol, the Defendant: (a) discovered the Dro body taxi that was driven by the victim C, who was negligent in his/her duty and parked in a signal signal signal line in the front bank, late, and did not get out of it; (b) suffered injury, such as light and chest salt, which requires approximately two weeks of treatment, to the said C.

2. Around 05:10 on June 4, 2013, the Defendant driven the said B Twork XG car while under the influence of alcohol of 0.107% in the blood alcohol concentration from the head of Geumcheon-gu Seoul Metropolitan Government to the accident site.

Summary of Evidence

1. Statement by the defendant in court;

1. C's statement on the occurrence of traffic accidents;

1. A traffic accident report;

1. A traffic accident occurrence report;

1. A written diagnosis for C;

1. Vehicle photographs;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to a certificate of drinking measurement;

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, and the selection of fines;

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

1. The defendant under Articles 53 and 55(1)6 of the Criminal Act for discretionary mitigation is in depth;

arrow