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(영문) 서울서부지방법원 2018.07.03 2018고단890

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a Brane XG car.

On December 28, 2017, the Defendant driven the above vehicle under the influence of alcohol content of 0.280% in blood around 11:30 on December 28, 2017, and turned down the road of 4 lanes in front of Eunpyeong-gu Seoul Metropolitan Government C in the remote distance of an advanced transportation terminal at the west gate.

Since a large number of vehicles are installed with signal lights, and there are lots of vehicles, there were duty of care to safely drive the brakes and steering gear by reducing the speed and properly manipulating the brakes and steering gear.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in proceeding without neglecting it, received the rear part of the Defendant’s vehicle in front of the Defendant’s vehicle, which was driven by the Victim D (61) who was in the atmosphere of the signal at the front of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim, such as finite finites, which requires approximately two weeks of medical treatment, due to the above occupational negligence.

2. Around 11:30 on December 28, 2017, the Defendant was under the influence of alcohol concentration of 0.280% in blood on the front side of Eunpyeong-gu Seoul, Seoul on the road. Around December 28, 2017, the Defendant driven B franchise XG car.

3. A special assault Defendant: (a) when, at the time, at the place, and at the time, at the time, at the victim of the traffic accident as stated in paragraph (1) 1, the victim D attached the Defendant’s vehicle to prevent the Defendant from escape; (b) however, the Defendant sent the vehicle to the victim and caused the victim to move the vehicle.

Accordingly, the defendant assaulted the victim by using the above vehicle, which is a dangerous object.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Acts and subordinate statutes, such as a survey report on actual condition, a document regulating drinking driving, a written estimate and a written diagnosis, and an investigation report (e.g. additional knowledge of special assault and opinion of the investigator).