logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.12.09 2015고단6386
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On August 19, 2015, at around 05:04, the Defendant driving a BDama Corp in Seoul, and driving a three-lane of the three-lane in front of the upper-lane of Dongjak-gu Seoul, Seoul, at the right angle from the upper-lane of the front line to the upper-lane of the front line, two lanes at a speed of about 20km.

At the time, there was an intersection in which signal apparatus was installed at night and at the right place, so there was a duty of care to prevent accidents in advance by safely driving a vehicle driving employee by reducing speed and checking well.

Nevertheless, the Defendant neglected to do so while under the influence of 0.181% alcohol level, and discovered at the latest string of the Dastnael, which was driven by C(71 years of age) under the influence of alcohol level at 0.181% and was found late, and received the rear part of the said Dostnael with the front part of the said Dastel van.

Ultimately, the Defendant sustained injury to the victim E (the 52-year-old) who was on the said taxi due to negligence in the course of performing his duties, such as fluoral salt, which requires approximately two weeks of treatment, and driven the said fluoral vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. Place of the pulmonology, report on detection of the pulmonary driver, and report on the circumstantial statement of the pulmonary driver;

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

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of each alternative fine for punishment (including the fact that the degree of injury of the victim is minor, that the victim does not want the punishment of the defendant, that there is only one fine for the defendant, that there is only one criminal history, and that there is no same criminal history);

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

1. Article 53 of the Criminal Act for discretionary mitigation.

arrow