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(영문) 서울동부지방법원 2015.01.23 2015고정3
교통사고처리특례법위반등
Text

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

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

Reasons

Punishment of the crime

1. On October 5, 2014, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Special Cases”) was a person who driven a B-car car owned by Hyundai Capital Co., Ltd. as his duties, and around 01:30 on October 5, 2014, the Defendant left the front road of Gangdong-gu Seoul Metropolitan Government to turn to the left at a speed of about 5 km from the right edge to the right edge in the direction of D

In such cases, a driver has a duty of care to prevent accidents by checking the front door and the left and right in a clear state at all times.

Nevertheless, the Defendant neglected this and did not discover the victim E (year 22) who was seated on the right-hand side of the vehicle driving in the direction of the vehicle under the influence of alcohol content 0.093% by negligence while driving in the state of 0.093%, and did not discover the victim E (year 22) and shocked the part of the victim’s bridge with the front part of

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

2. On the same date and time as indicated in the preceding paragraph, the Defendant driven a vehicle mentioned in the preceding paragraph while under the influence of alcohol of about 0.093% of the blood alcohol concentration at approximately 2 meters from the front of about 112-lane 25 (Road Roon) to the front of the same Gu, Gangdong-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. A manual of accidents of E;

1. A fact-finding report, a fact-finding report, and a report on detection of a host driver;

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

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

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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