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(영문) 서울중앙지방법원 2016.05.03 2016고정681
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

1. On December 17, 2015, the Defendant started from Jongno-gu Seoul, Jongno-ro 3 A to 0.083% of alcohol concentration in blood around 23:27, while under the influence of alcohol at around 0.083%, and 2 of Jongno-gu Seoul, Jongno-ro 89 and 2 driving a B T-gu car at approximately 300 meters of alcohol level to its intersection.

2. On December 17, 2015, the Defendant, while under the influence of alcohol content 0.083% in blood at around 23:27, 2015, 2, Jongno-ro, Jongno-ro, Seoul, 89-ro, 3, the ero 2nd ero 3 ero 1 toward the intersection by the ero 1st ero ero from the intersection to the intersection.

Since the place is where a signal, etc. is installed, the driver had a duty of care to safely drive the vehicle in accordance with the signals by checking well the right and the right of the driver.

Nevertheless, the defendant neglected the above duty of care and caused the damage to the right side of the victim C (26 tax) who was driven by the new heading on the left side of the mastheading bank by the negligence of failing to comply with the vehicle red signal signal and entering the intersection as is, the defendant met the front side of the car driving by the defendant.

As a result, the Defendant suffered injury to the victim for approximately four weeks of medical treatment due to the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. Inquiries about reports on detection of drivers of drinking alcohol and the results of crackdown on drinking driving;

1. A traffic accident inspection report, on-site and vehicle photographs;

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

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2(2)3 and 44(1) (the point of drinking alcohol), Article 3(1), the proviso of Article 3(2)1 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.

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