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(영문) 서울동부지방법원 2017.05.11 2017고단62

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a person who is engaged in the business of driving C 125cc.

On November 15, 2016, the Defendant driven a two-wheeled vehicle under the influence of alcohol with 0.10% of alcohol content among the blood transfusion 05:40%, while driving the said two-way vehicle, and proceeding approximately 500 meters away from the 3-lanes of the exit bank of Seongdong-gu Seoul Metropolitan Government to the 2-lanes of the exit bank, the Defendant turned along the two-lanes from the 3-lanes of the exit bank of Seongdong-gu to the 3-lanes.

At the time, night and there was a situation of sucking down the surface, so that the person engaged in the driving of the two-wheeled vehicle has the duty of care to reduce speed and change the course by well examining the left and the left, despite the fact that the defendant was under the influence of alcohol and by negligence changing the course of the defendant's driving by neglecting it, the defendant got out of the road and let the victim E (19 years old) of the defendant's friendly arrest who was on the seat of the driver of the two-wheeled vehicle go beyond the floor.

The Defendant suffered injury to the victim due to such occupational negligence, such as a brush in the upper part of the lower part of the lower part of the lower part of the lower part of the lower part, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report and a report on the detection of a primary driver;

1. On-site photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) and the proviso to Article 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the choice of a person in charge of duties and negligence), Article 148-2 subparag. 2 and Article 44(1) of the Road Traffic Act (the driving of alcohol and the choice of a person in charge of imprisonment) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The crime of this case on the ground of sentencing of Article 62-2 of the Criminal Act requires a higher drinking level, as the defendant is driving a two-wheeled vehicle in the state of drinking, causing serious injury to the same victim, and six weeks.