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(영문) 서울서부지방법원 2020.10.29 2020고단2237
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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 (Bodily Injury) by the Defendant is a person engaged in driving a BM7 vehicle;

On June 25, 2020, the Defendant driven the said car while under the influence of alcohol 0.137% of blood alcohol level on June 14, 2020, and led to the driving of the said car according to one lane between the three-lanes in the direction of the northwest of Seongbuk-gu Seoul.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle by safely driving the motor vehicle, such as taking the front, left, and left well, and accurately operating the steering gear.

Nevertheless, while the Defendant was under the influence of alcohol and was negligent in driving, the Defendant’s remaining part of the victim D(the age of 58) driving that was driven in the front direction of the Defendant was shocked into the front part of the said SM7 car.

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

2. The Defendant violated the Road Traffic Act (driving) at the same time and at the same time, operated BM7 car while under the influence of alcohol with approximately 0.137% of alcohol concentration from the 10km section of Geumcheon-gu Seoul Metropolitan Government to the roads near Seoul Mapo-gu (Seoul).

Summary of Evidence

1. Application of Acts and subordinate statutes to a copy of the diagnosis report on the actual status of the defendant's legal statement, statement, and statement of the main driver;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (However, the lowest sentence of punishment shall be determined by the crimes of violation of the Road Traffic Act);

1. Articles 70(1) and 69 of the Criminal Act for the detention of a workhouse.

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