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(영문) 서울서부지방법원 2018.06.12 2018고단854
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

The defendant is a person who is engaged in driving a CMW car.

On February 26, 2018, the Defendant driven the said car under the influence of alcohol concentration of 0.097% during blood transfusions on February 26, 2018, and driven the road of 6 lanes in front of Mapo-gu Seoul Metropolitan Government D, at a speed of about 60km per hour from the sloping distance to the breadth of the intersection.

At the time, the center line of the yellow-ray was installed at night, and in such a case, there was a duty of care to reduce the speed to those engaged in driving service and to safely drive the car well.

Nevertheless, the Defendant neglected this and took part of the left side of the FMW car driven by the victim E (62) drive, which was driven in the opposite opposite lane due to the negligence of fMW car in the middle of the center line, into the left side side of the Defendant’s operation, and continued to turn back to the left side of the said BMW car due to the shock, and received the rear side part of the HM taxi driver’s right side of the victim G (49 years old) who was driven in the right side of the Defendant’s direction and left left to the right side from the left side of the Defendant’s operation.

Ultimately, the Defendant suffered, from the above occupational negligence, from the victim E, the injury of the fresh salt fresh, etc. requiring approximately three weeks of medical treatment, the injury of the victim G, such as light, ples, and chroat, which requires approximately three weeks of medical treatment, the injury of the victim I (the victim I, who was on board the above taxi, 28 years of age), such as frecing frecing frecing, etc., the right side of the 6 weeks of medical treatment, the victim J (the 28 years of age), and the victim K (the 24 years of age), respectively, for approximately three weeks of crecing frecing, tension, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Notification of the results of regulating drinking driving;

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

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3(2)2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the Criminal Act.

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