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(영문) 서울서부지방법원 2019.06.04 2018고단4472
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On October 16, 2018, at around 03:21, the Defendant driven the said car along the three-lane line in front of the Seoul Eunpyeong-gu Seoul Metropolitan Government D Building with the three-lane line, and driven the said car at a speed of about 30 kilometers per hour from the new Triri-distance bank to the intersection of the new erogate, while under the influence of the blood alcohol concentration of 0.096%.

Around that time, the Defendant was waiting at the front of a vehicle operated by the victim E in accordance with the red signals of the intersection. In such a case, the driver of the vehicle has a duty of care to reduce speed and to prevent accidents, such as stopping by operating brakes while maintaining a safe distance with the front vehicle.

Nevertheless, the defendant neglected the above duty of care and is proceeding as it is.

Defendant

The part of the driver's driving in front of the driver's vehicle received the back part of the victim's driver's upper part of the driver's driving and caused the victim to suffer from the injury of the clife, the clife, the clife, and the tension for about two weeks of treatment.

2. The Defendant violated the Road Traffic Act (driving) while under the influence of alcohol by 0.096 percent of blood alcohol level at the time and time as set forth in paragraph (1) of this Article, the Defendant driven the said Aburged car at approximately 14 kilometers in the front of the Seoul Western Police Station located in 757 for the same unification as the former, via the front path of the D Building in Eunpyeong-gu Seoul at the front of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. A traffic accident report(1)(2), a report on the statement of the status of a drinking driver, and an inquiry into the results of the regulation of drinking driving;

1. Investigative report (related to the application of the sound mark);

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of sea-going vehicles and photographic images of Gabboxes;

1. Relevant provisions concerning facts constituting an offense;

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