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(영문) 서울서부지방법원 2019.02.21 2018고단3945
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. A person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaged in the operation of B-cricking car.

On October 19, 2018, the Defendant driven the above vehicle while under the influence of alcohol of 0.129% with a blood alcohol concentration of 03:00 on October 19, 2018, and led the three-lanes in front of Eunpyeong-gu Seoul Metropolitan Government to drive the three-lanes in front of the Eunpyeong-gu Seoul Metropolitan City along the remote distance from the Gusan Station at an insular speed.

In such cases, the driver had a duty of care to prevent accidents by safely driving the vehicle by properly operating the steering direction and brake system in the front direction by properly checking the traffic situation of the driver.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in proceeding while neglecting the front direction, was driving the victim D(the age of 61) driving in the front direction of the same direction, and received the back part of the cargo vehicle from the front part of the Defendant’s vehicle.

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

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in the preceding paragraph, operated B-cr-in cruise car under the influence of alcohol content of about 0.129% from the 15km section to the front road of Eunpyeong-gu Seoul at the F University located in Mapo-gu Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (report on the application of the AFE formula to a suspect);

1. Relevant legal provisions concerning criminal facts, Article 3(1), the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents for the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2(2)2 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act, and the victim of each fine shall be elected;

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