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(영문) 서울서부지방법원 2020.09.03 2020고단1660
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in driving a motor vehicle of Benz;

On March 28, 2020, at around 05:56, the Defendant driven the said car while under the influence of alcohol of 0.11% 0.1%, and led the Defendant to drive the said car in the direction of the red field tunnel, in accordance with three-lanes from the inside cycle of Seodaemun-gu Seoul Western-gu, Seoul.

At night, at this time, a person engaged in driving of a motor vehicle has a duty of care to see the front side and the right and the right and the right, and to accurately operate the steering and the brakes.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting this, and the victim C(the age of 60) who was driving two lanes as the front part of the car driven by the Defendant was driven by the Defendant.

Ultimately, the Defendant caused the victim to suffer bodily injury, such as finite finites, which require approximately two weeks of medical treatment by occupational negligence as above.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, the Defendant driven a Bbenz vehicle under the influence of alcohol leveling 0.11% from the section of approximately 3km to the point before the entry into the red bench tunnel, Seodaemun-gu Seoul Metropolitan Government, to the point before 200 meters prior to the entry into the red bench tunnel.

Summary of Evidence

1. Application of Acts and subordinate statutes to a copy of a medical certificate for collecting blood from the defendant's legal statement and the result of measuring the actual condition;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (However, the lowest sentence of punishment shall be determined by the crimes of violation of the Road Traffic Act);

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

1. The Criminal Procedure Act;

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