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(영문) 서울남부지방법원 2014.10.24 2014고단2858

교통사고처리특례법위반등

Text

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. Around March 15:10 on March 7, 2014, the Defendant driven Calba while under the influence of alcohol of 0.115%, without obtaining a motorcycle license from the Defendant’s house located in Guro-gu Seoul Metropolitan Government, to the two roads of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, for the same day, at around 15:30 on the same day, the Defendant driven Calba while under the influence of alcohol of 0.15%.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who drives the above C Oralba on duty.

At around 15:30 on March 7, 2014, the Defendant driven the three-lane road from the south-ro bank to the 12-lane bank located in the west-ro bank. The Defendant driven the above west-do road from the south-ro bank to the 12-lane bank.

At the time, signal, etc. is installed, the driver engaged in driving service has a duty of care to see the front side and to prevent accidents in advance by driving safely in accordance with the new code.

Nevertheless, the Defendant neglected to do so and neglected to do so and neglected to do so, thereby entering the intersection and driving a victim D (the age of 61) who starts from the right side by entering the intersection in contravention of the signal by negligence, and thereby starting from the right side.

As a result, the Defendant suffered, due to the above occupational negligence, the injury of the victim D, such as the left spood spood sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sps, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Papers of measurement records of drinking alcohol;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1), the proviso to Article 3 (2) 1, 7, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2, Article 44 (1), subparagraph 2, and Article 154 of the Road Traffic Act concerning criminal facts;

1. The Commercial Concurrent Crimes Act.