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(영문) 서울남부지방법원 2019.06.20 2019고단1579 (1)

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was a person engaging in driving a two-wheeled motor vehicle BHJ125T-16D, and was driving the said two-wheeled motor vehicle under the influence of alcohol 06:50 on September 17, 2018 with a blood alcohol concentration of 0.122% on September 17, 2018, while driving the said two-wheeled motor vehicle, leading the front of the road located in Yangcheon-gu Seoul Metropolitan City to the flow of the new yellow-distance distance distance from the

At that time, the signal apparatus is installed, so in this case, there was a duty to observe the signal apparatus and safely drive the vehicle to prevent the accident in advance.

Nevertheless, even though the signal of the front bank was changed by yellow, etc. while drinking, the Defendant was due to occupational negligence that entered the intersection, and went directly to the left, and was in violation of the signal in the direction of opposite direction, and suffered injury, such as the fyst part of the front part of the victim E (E, South, 70 years old) driving by using the front part of the said two-time vehicle, thereby suffering from the injury of the above victim, such as the fyst part requiring medical treatment for about two weeks.

2. The Defendant was driving a two-wheeled vehicle under the influence of alcohol concentration of 0.122% on the road located in Yangcheon-gu Seoul Metropolitan Government at approximately 2km from the fifth line near the Yandong Station located in Gangseo-gu, Gangseo-gu, Seoul to the front line of D in about 168, with the date and time indicated in the above paragraph 1.1.

Summary of Evidence

1. Each legal statement of the defendant and the upper accused E;

1. A fact-finding report, a fact-finding report, a fact-finding driver's circumstantial statement, a report on detection of a host driver, and a black and video CD;

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

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1), the proviso of 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 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act shall be punished by imprisonment;