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(영문) 서울중앙지방법원 2017.12.13 2017고단5965

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving of the CPoter II cargo vehicle.

On April 13, 2017, the Defendant driven the 00:05 blood alcohol concentration of 0.137%, while driving the above cargo vehicle with the alcohol content of 0.137%, and driving the 5-lane road in front of the building located in 163, Gangnam-gu Seoul, Seocho-gu, Seoul, along the three-lanes from the long distance of the educational development institute to the long distance of the two-lanes.

In such cases, the driver had a duty of care to check the safety of the course and to change the vehicle line by operating the direction, etc., giving prior notice of the change of course, and taking into account the traffic conditions before, after, after, and after, the driving.

Nevertheless, the Defendant neglected alcohol and neglected to change the vehicle line as it is and thereby caused the victim D (W, age 31) driving in two lanes in the direction of the Defendant’s proceeding, which was driven by the victim D (W, age 31). The Defendant was placed in front of the right-hand part of the Ediberger’s car, which was driven by the Defendant’s cargo vehicle.

Ultimately, the Defendant suffered, by its occupational negligence, injury such as salt, tensions, etc. from the victim FF (30 Does) who was accompanied by the said D’s car in need of approximately two weeks of medical treatment, for approximately three weeks of treatment, such as pelvis, pelvis, and tensions of the said D’s other parts, and for the said D’s car.

2. On the same day as described in the preceding paragraph, the Defendant driven the foregoing cargo vehicle under the influence of alcohol of about 0.137% of alcohol concentration in blood at about 5km from the Do near the new rice field in Seocho-gu Seoul Metropolitan Government to the front road of the beneficial building located in Seocho-gu, Seoul Metropolitan Government, as the above Gangnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police against D;

1. A statement of the occurrence of each traffic accident in D or F;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver in charge;