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(영문) 서울북부지방법원 2015.03.25 2015고정155
교통사고처리특례법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives a motor vehicle B as a duty.

1. On November 30, 2014, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents, while under the influence of alcohol of 0.096% of blood alcohol level around 03:10 on November 30, 2014, driving the said vehicle, and driving the front road of Dongdaemun-gu Seoul Metropolitan Government along the two-lanes of three-lanes from the surface of the shooting range to the shot distance range.

Since there is a signal apparatus installed, in such a case, a person engaged in driving a motor vehicle has a duty of care to properly see the front door, to accurately operate the steering wheel and brakes, and to prevent accidents by driving the signal apparatus in accordance with the signals of the signal apparatus.

Nevertheless, under the influence of alcohol, the Defendant was negligent in violating and proceeding with the signal and was driven by the victim D who was left to the left from the right side of the time course in accordance with the new code, and received the front part of the car in front of the passenger car.

As a result, the Defendant suffered from the above occupational negligence that caused the victim D to suffer approximately three weeks of care, such as the left-hand dynasium, etc., and the victim F, who is the passenger of the damaged vehicle, about two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) while under the influence of alcohol 0.096% of the blood alcohol concentration at a time, such as paragraph (1) of this Article, driving the said car with approximately KRW 500 meters from the street in the vicinity of the shooting range in Dongdaemun-gu Seoul, Dongdaemun-gu to the front road in Seoul Dongdaemun-gu Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Each supplementary statement of D or F;

1. Report on the statement of the state of drinking drivers, report on the state of drinking driving, report on the state of drinking drivers, and record sheet of drinking measurements;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of each medical certificate, vehicle, on-site photographing statute;

1. Article 3 (1), the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, concerning facts constituting an offense;

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