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(영문) 수원지방법원 성남지원 2016.06.09 2016고단412
교통사고처리특례법위반등
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. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a B mother car.

Around 00:40 on January 7, 2016, the Defendant proceeded along seven lanes in the direction of the ductal basin in the front of the Pakistan, regardless of whether it is located in the 66-ro of Songpa-gu, Songpa-gu, Seoul, or in the direction of the ductal basin on the front of the Pakistan.

At the time, the victim C(61) was stopped for passengers' getting off, and thus, the driver had a duty of care to reduce speed and safely drive the front and right and the right and the right and the right and the right and the right of the driver and prevent the accident in advance.

Nevertheless, while under the influence of alcohol, the Defendant was negligent in driving the victim's taxi and received the part of the victim's cab in front of the passenger car.

As a result, the Defendant suffered, by the above occupational negligence, injury to the victim E (39) who was on the cab in need of approximately two weeks of medical treatment, such as dynasium and tension in need of approximately two weeks of medical treatment, and injury to the victim FF (38 tax) who was on the cab in need of approximately six weeks of medical treatment, such as side synasium in the right synasium in need of medical treatment.

2. Around 00:40 on January 7, 2016, the Defendant driven a B-owned car with alcohol content of 0.151% from the 2km section from the 2km section to the place indicated in paragraph (1) at around 932, as in Songpa-gu Seoul, Yang Jae-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Investigation reports on actual condition, traffic accident occurrence reports, photographs, records of drinking measurement, circumstantial statements made by the driver of a primary driving, reports on detection of the driver of a primary driving, and the application of Acts and subordinate statutes concerned;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Criminal Act concerning criminal facts.

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