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(영문) 서울서부지방법원 2017.03.30 2017고단300
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Punishment of the crime

1. On December 4, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a Bsch Rexton vehicle under the influence of alcohol concentration of 0.096% among blood transfusion around 09:35 on December 4, 2016, while driving the Bsch Rexton vehicle, the five-lanes in front of Yongsan-gu Seoul Metropolitan Government, one of the five-lanes in front of Yongsan-gu Seoul, and proceeded at an insular speed in the direction of the Hannam-

In such cases, a person engaged in driving of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, shall not drive the motor vehicle at a speed or in such a manner as to inflict any danger and injury on others according to the traffic conditions of the road and the structure and performance of the motor vehicle, and has a duty of care to prevent accidents in advance by reporting the traffic situation well and safely.

Nevertheless, the Defendant: (a) was under the influence of alcohol while driving on emergency lights, etc. at five lanes in the same direction while he was under the influence of the influence of alcohol; (b) was able to take the back part of the victim D (69) drive Epoter II of the cargo vehicle II as the front part of the above vehicle of the Defendant D (the Defendant) and suffered from the victim FF (87 years old) who is the passenger of the damaged vehicle, for approximately three weeks of treatment; and (c) was suffering from the base part of the croud, which requires approximately six weeks of treatment.

2. Defendant 1 was under the influence of alcohol level of 0.096% during the day-to-day alcohol level of the above 1.1., and Defendant 2 driven Bsch-ton car from about 2km to Seoul Yongsan-gu, Gangnam-gu, Seoul, as Seoul bankruptcy, from about 15-gil to the front day of Yongsan-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A traffic accident report, a report on the detection of a primary driver, and a statement on the circumstances of a primary driver;

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

1. Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupational and dental occupation) concerning criminal facts, and Article 148-2 of the Road Traffic Act.

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