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(영문) 서울중앙지방법원 2017.04.18 2017고단1187

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On July 10, 2008, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (drinking driving) at the Busan District Court’s Dong Branch Branch on the same day, and on December 22, 2015, as a fine of KRW 2 million at the Seoul Central District Court on the same day.

On November 24, 2016, the Defendant operated a BMW car under the influence of alcohol content of 0.067% in blood around 01:01, and operated approximately approximately 200 meters from the vicinity of this waters located in the Dong-dong, Dongjak-gu, Seoul to the front of 952-4, Seocho-gu, Seoul.

2. The Defendant is a person who is engaged in driving a BMW car.

The defendant, like paragraph 1, driving the above car at the time of the day set forth in paragraph 1, led to the three-lanes between the four-lanes from the boundary of this water zone to the boundary of the bank.

At the time, a person engaged in driving of a motor vehicle at night has a duty of care to take into account the right and the right and the right, and to prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected to do so under the influence of alcohol level 0.067% while driving the said vehicle due to negligence, and caused injury to the victim C (61) of the victim C (61) who driven the said vehicle due to negligence in front of the said vehicle, by taking up a part of the back panion of the D cab running ahead of the said vehicle and taking about three weeks of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. A medical certificate;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (examination of suspect drinking force);

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2(1)1 and 44(1) of the Road Traffic Act for criminal facts, Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act for the sake of occupational duties and duties (the occupation of a person who is on duty and on duty).