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(영문) 서울서부지방법원 2016.03.22 2016고단246
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 2, 2013, the Defendant was sentenced to a fine of KRW 5 million for a violation of road traffic law (drinking driving) in support of the Sungnam-gu Friwon method, and on July 14, 2014, the Defendant was sentenced to a fine of KRW 3 million for the same offense in the same court.

1. On January 8, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, while under the influence of alcohol leveling 0.103% among blood transfusions, driving CK3 motor vehicles owned by the Defendant, and driving two lanes between five lanes in the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the movement at the Han River, Yongsan-gu, Seoul.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to ensure the right and the right and the right and the right and the right and the right and the right and the right and the right and the right are

Nevertheless, the Defendant, while neglecting the influence of alcohol, operated the victim D(W, 33 years old)'s Epex vehicle in the front section of the vehicle, and did not avoid this, but shocked the part of the Defendant's front part of the damaged vehicle.

As a result, the Defendant suffered from the Defendant’s negligence in the above occupational negligence with a plehion and fluoral flusium that requires approximately two weeks of treatment.

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven the C-3 vehicle under the influence of alcohol concentration of approximately 0.103% in blood while under the influence of alcohol level 0.103% in the vicinity of the Dongjak-gu, Yongsan-gu, Seoul, the front day of the Hacheon-gu, the Hacheon-si, the upper day of the Pck-si, the upper day of which is the Hacheon-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

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

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

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act (the point of causing occupational negligence and the choice of imprisonment without prison labor), Article 148-2(2) of the Road Traffic Act.

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