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(영문) 서울중앙지방법원 2019.11.26 2019고단6171

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Violation Power] On September 5, 2019, the Defendant was charged with summary charges for the violation of the Road Traffic Act (driving) in the Gangnam District Court of Chuncheon.

The date of violation of Article 44(1) of the Road Traffic Act is July 14, 2019.

【Criminal Facts】

The Defendant is a person who is engaged in driving a rocketing car.

On August 11, 2019, the Defendant driven the said car under the influence of alcohol of 0.097% on blood alcohol concentration at around 08:30, while driving the said car and driving the front road of Gangnam-gu Seoul Metropolitan Government along the two-lanes of active duty driving distance from the 0.097-% away from the 5-lane distance away from the 5-lane distance away from the eCA 100-obba, which was driven by the victim D (Nam, 49 years old) who was crossing the front crosswalk along the eCA 100-oba, the front part of the Defendant’s vehicle.

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim, such as the cutting of the body at the bottom of the mouth and the body of the pelvis, which requires approximately 12 weeks of medical treatment, and violated the provision on the prohibition of drinking driving at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Results of the CD reproduction and viewing;

1. Statement made to D by the police;

1. A report on the actual condition of a traffic accident, a report on the occurrence of a traffic accident, site photograph, and photograph of the suspected vehicle;

1. A medical certificate;

1. A report on the statement of the status of the driver, and an investigation report (the report on the status of the driver);

1. Each investigation report (No. 17, 21 No. 5 of the evidence list);

1. Records in violation of judgment: Investigation reports (No. 25 No. 135 of the evidence list), indictments, and reports on the results of confirmation before disposition and before confirmation of the facts;

1. Relevant legal provisions concerning facts constituting an offense, and Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 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 (1) and Article 44 (1) of the Road Traffic Act (the occupation of a two-way driving

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment prescribed for a violation of the Road Traffic Act heavier than the punishment);

1. Discretionary mitigation;