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(영문) 서울중앙지방법원 2013.08.09 2013고단3601
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, while under the influence of alcohol around 04:10 on April 27, 2013, driven a BM5 vehicle from the front side of the Seoul metropolitan area located in Dobong-gu, Seoul Special Metropolitan City to the front road of about 515 east-dong, Dongjak-gu, Seoul Special Metropolitan City while under the influence of alcohol by 0.07% of alcohol content around 04:10 on April 27, 2013.

2. The Defendant was occupationally injured by occupational negligence while driving the said car under the influence of alcohol as above at the time set forth in Paragraph 1, and driving the fourth line road of 515, 515, East-gu, Seoul at the right edge of the road from the wing-do 515, East-gu, Seoul at the upstream of the road at a speed of about 50 km. At that time, the sewage culvert was installed on the road on the front side of the road at the night and at that time, the Defendant was performing the construction of the sewage culvert. Thus, despite the occupational duty of care to prevent the accident by driving safely and safely, the Defendant did not find the victim C (57 years of age) and the victim D (38 years of age) due to negligence while driving the said construction, and did not take care of the victim's body, each victim's body part on the right edge and the right edge part on the front side of the road, and the victim's body was in need of treatment by the victim C 2 and the victim's body end.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Statement prepared by C on the occurrence of a traffic accident;

1. Descriptions of the circumstantial statement of the driver and the report on detection of the driver; and

1. Statement of the actual survey report on traffic accidents;

1. Application of each statute to each written diagnosis;

1. Relevant law concerning criminal facts: Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 3 (1) and the proviso of Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act.

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