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(영문) 서울중앙지방법원 2018.06.14 2018고단2226
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. Around December 19, 2017, the Defendant violated the Road Traffic Act (breathing) driven a D rocketing car under the influence of alcohol of about 0.103% of alcohol content in a 1km section from Gangnam-gu to Gangnam-gu, Gangnam-gu, Gangnam-gu, Gangnam-gu, to the shooting distance road.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) Defendant 1 driven the said car as a person engaged in driving duty of the said car, and led the said car to drive the said car along the two-lanes from the south parallel to the south parallel of Korea by driving the said car at the same time on the same day.

At the time, since it was at night and there is a signal apparatus installed at that time, there was a duty of care to safely drive a motor vehicle in accordance with the signals by reducing speed and checking the right and the left and right of the motor vehicle driver.

Nevertheless, the Defendant neglected to do so and passed through the intersection by violating the stop signal while under the influence of alcohol as above. Pursuant to the course signals, the Defendant was placed in front of the said car by the Defendant’s driving of the Victim E (61 Do) driving driving from the next hospital to the next hospital distance from the active duty line.

Ultimately, the Defendant suffered, from the above occupational negligence, the injury of the victim E, such as arms arms, in need of approximately 8 weeks’ medical treatment, and the injury of the victim G, a passenger boarding the said taxi, including 4 weeks’ cage catus catus, which requires approximately 4 weeks’ medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. The actual investigation report on traffic accidents;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing alcoholic content appraisal among blood;

1. Article 3 (1), the proviso to Article 3 (2) 1, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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