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(영문) 서울남부지방법원 2016.07.20 2016고정1046
교통사고처리특례법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

1. On January 23, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) driven the above vehicle while under the influence of alcohol content of 0.056% in blood transfusion on January 23, 2016; (b) driven the two-lane road in front of Guro-gu Seoul Metropolitan City at a speed of about 3-40 km from the south-ro to the right edge of the Gu, along one-lane toward the high-speed hospital.

In such cases, when a person engaged in driving of a motor vehicle reduces speed to a person engaged in driving of a motor vehicle, well sees his/her right on the front side, and pedestrians are travelling along a crosswalk, he/she had a duty of care to temporarily stop in front of the crosswalk to check the safety of pedestrians and prevent accidents in advance.

Nevertheless, the defendant neglected this and continued to proceed at the same speed, and the part of the victim D's right bridge crossinging the crosswalk from the left side to the right side was taken over to the road by taking the front part of the defendant's left side.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the side slovas fever within the slovas department, which requires approximately four weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said car at a section of about 0.5 km from the Guro-gu Seoul Metropolitan Government to the roads of the same Gu from 0.5 km, while under the influence of alcohol content of 0.056% during the day-to-day border, such as paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. A survey report on the actual traffic accident and a report on the detection of the main driver;

1. A medical certificate;

1. Application of the laws and regulations governing parking, stopping ctv video images at the time of the accident;

1. Relevant Article 3 (1), the proviso to Article 3 (2) 6, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning criminal facts, the selection of fines for each crime;

1. Aggravation concurrent crimes;

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