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(영문) 서울북부지방법원 2015.06.16 2015고정488
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On November 21, 2006, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Seoul Northern District Court on November 21, 2006, and a summary order of KRW 1 million as a fine in the same court on August 26, 2009.

On November 4, 2014, the Defendant driven a BM3 vehicle with a blood alcohol concentration of 0.063% around 19:30, while under the influence of alcohol, and led to the progress of the front road of the Dongdaemun-gu Seoul Dongdaemun Military Community Center, which is located in the 77-ro of the Dongdaemunan Stackkym, in the military direction, along the two-lanes from the military direction, at an insular speed.

A person engaged in the driving of a motor vehicle has a duty of care to safely drive the motor vehicle by checking well the front left, and to refrain from driving under the influence of alcohol.

However, the Defendant, while neglecting the above duty of care due to the negligence of driving, received the back part of the Dchier vehicle that was driven by the victim C which was in the front signal atmosphere prior to driving, as the front part of the Defendant’s vehicle, and due to its shock, received the back part of the F new-burged vehicle driven by E which was in the front part of the Defendant’s vehicle.

The Defendant suffered injury to the victim, such as salt, tensions, etc., in need of treatment for about two weeks due to the above negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement E and C;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A medical certificate;

1. A survey report, a black fluor photograph and a photograph of a video fluore, a site of accident, and a vehicle photograph;

1. Previous records: Application of criminal records, inquiry records, and copies of summary order Acts and subordinate statutes;

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

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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