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(영문) 서울중앙지방법원 2018.06.01 2018고단2253

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 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 driving a Cenz motor vehicle.

On February 14, 2018, the Defendant, while under the influence of alcohol 00:01, driven a benz car with a alcohol content of 0.093% at around 00:01, the Defendant proceeded at a speed of 113.7 km each hour at a speed of 113.7 km each hour, depending on four lanes from the shooting distance of Sejong-dong to the long historical distance of 726, Gangnam-gu Seoul Special Metropolitan City.

At this point, there is a three-distance where signal lights are installed, and since the speed limit is 70 km per hour, there was a duty of care for those engaged in driving motor vehicles to observe the speed limit and drive motor vehicles safely according to good faith.

Nevertheless, while the Defendant neglected to pay a restriction at a speed exceeding 43.7 km per hour while driving a left-hand turn at the left-hand turn due to negligence attributable to the left-hand turn, the Defendant received a part of the top-hand part of the E-hand car driving ahead of the right-hand edge of the E-Wed vehicle, which is driven by the victim D(34 ).

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as 12-day pulse transfusions, 5 pulma, etc., from an injury to the victim, on the other hand, at approximately 12-day pulse climatics, which had no wound in the two cases where medical treatment is open.

Summary of Evidence

1. Defendant’s legal statement

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

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on detection of drivers;

1. Article 3 (1), the proviso to Article 3 (2) 1, 3, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act concerning criminal facts, and Article 3 (1), Article 3 (2) 1, 3, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Sentence, Article 268 of the Criminal Act (Selection of imprisonment without prison labor considering the fact that traffic accidents are in the course of performing their duties and the degree of damage, etc.), Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution (The confession, agreement, record of crimes, etc.);