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(영문) 서울남부지방법원 2018.03.22 2018고단640

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On October 15, 2009, the Defendant issued a summary order of KRW 1.5 million for a crime of violating Road Traffic Act at the Seoul Central District Court, and KRW 2 million for the same crime at the same court on October 10, 201.

【Criminal facts” On January 31, 2018, the Defendant driven BK7 car under the influence of alcohol level of 0.080% in blood around 05:50%, and led to the driving of BK7 car in front of Guro-gu Seoul to go along one lane between the Gu’s health center and the Gu’s health center in the long distance protection area in the Gu.

Since there is a shooting range in which signal lights are installed, there was a duty of care to live well on the right and the right of the driver of the motor vehicle and to drive the motor vehicle safely in accordance with the new code.

Nevertheless, while under the influence of alcohol, the Defendant neglected to turn to the left in violation of the straight line signals of the vehicle and received the part of the victim D(63 tax) driving in front of the right-hand part of the passenger car of the victim D(63 tax) who was straight pursuant to the new subparagraph from the negligence of failing to turn to the left.

After all, the Defendant suffered from the Defendant’s negligence as above, such as light and fluoral salt, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports (1), (2) on traffic accidents;

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

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Investigation report (the application of the above dmark formula);

1. A report on investigation (damage details, etc.);

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant legal provisions of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2(1)1, 44(1) (the influence of drinking, the choice of imprisonment), Article 3(1), proviso to Article 3(2)1, and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the choice of imprisonment without prison labor) concerning criminal facts;

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

1. Article 53 of the Criminal Act for mitigation of amount;