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(영문) 서울북부지방법원 2017.08.31 2017고단630
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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is the person who is engaged in driving service of the last passenger car in B.

On September 11, 2016, the Defendant driven the said car under the influence of alcohol level of 0.109% among blood transfusions on September 11, 2016, and driven the three-lane road in front of Nowon-gu, Seoul Special Metropolitan City Nowon-gu, Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, along two-lanes.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the operation and steering gear of the motor vehicle.

Nevertheless, the Defendant neglected this and changed the course to a three-lane from the two-lanes of the Defendant’s proceeding direction, and received first the back part of the victim C(52) driving in the course change in order to get customers on the front of the Defendant, and received the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injuries, such as dys, including four or more cages at the left-hand side in need of approximately five weeks of medical treatment due to the above occupational negligence.

2. Defendant 1 was under the influence of alcohol level of 0.109% in blood at the above date, at the above place, Defendant 2 driven B in the section of approximately 3km in Seoul Special Metropolitan City, Nowon-gu, Nowon-gu, Nowon-gu, Seoul, Nowon-gu, the point of accident, to the front road of Nowon-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of occurrence of a traffic accident C;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents by the Selection of Punishment, Article 268 of the Criminal Act, and Articles 148-2(2)2 and 44(1) of the Road Traffic Act concerning criminal facts;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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