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(영문) 서울서부지방법원 2020.11.19 2020고단2911
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a BFD car.

At around 23:20 on April 15, 2020, the Defendant, while under the influence of alcohol of 0.087% of blood alcohol level, driven the said car, and turned back the front side road of the Eunpyeong-gu Seoul Metropolitan Government “D” into the west-ro.

At the time, it was difficult to keep the vehicle at night, and in such a case, there was a duty of care to prevent accidents by safely driving the vehicle after reducing speed and driving the front, rear, and left and right of the route.

Nevertheless, the Defendant, while neglecting this due to the negligence of the Defendant’s negligence, brought down the Fcellto drive E (30 years old) of the victim E (30 years old) who was proceeding at the same place, with the back part of the driver’s car on the left side of the Defendant’s car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately three weeks of medical treatment due to occupational negligence.

2. Around 23:20 on April 15, 2020, the Defendant driven a Bpft car while under the influence of alcohol leveling 0.087% of blood alcohol level at the 10m section prior to the “D” road located in Eunpyeong-gu Seoul Metropolitan Government, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. Report on the circumstantial statement of a drinking driver, and report on the circumstantial conditions of the drinking driver, and a survey report on the actual condition;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on the investigation into an accident site photograph (related to the application of the Ramark formula), a report on investigation (related to the date of diagnosis of a victim), a report on investigation (limited to a written confirmation) (limited to a written confirmation submitted by a victim), and

1. Article 3(1), proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment and Injury by Occupational Negligence under Article 268 of the Criminal Act.

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