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(영문) 서울중앙지방법원 2017.08.08 2017고단1721
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 of the vehicle B (K) 5 vehicles.

On January 27, 2017, the Defendant driven the said car under the influence of alcohol content of 0.072% from blood transfusion around 01:56 on January 27, 2017, and turned down the four-lane road in front of Gwanak-gu Seoul Special Metropolitan City, Seoul, into the scarcity of scarcity, depending on one lane.

At the time, there are vehicles standing in the signal atmosphere at night, so in this case, the person engaged in driving duty of the vehicle has a duty of care to keep the right and the right and the right at the front and the right and the right and the right and the right and duty of care to maintain the safety distance with the vehicle ahead without drinking.

그럼에도 피고인은 이를 게을리 한 채 안전거리를 확보하지 아니한 과실로, 피고인 진행 차로에 정차 중인 피해자 D( 남, 54세) 이 운전하는 E 쏘나타 택시의 뒷 범퍼를 피고인 운전 위 승용차의 앞 범퍼로 들이받았고, 그 충격으로 위 택시가 튕겨 나가 그 앞에 정차 중인 피해자 F( 남, 55세) 이 운전하는 G 케이 (K )5 택시의 뒷 범퍼를 들이받게 하였다.

Ultimately, the Defendant, by negligence in the above business, sustained injury to the victim D, such as salt, tensions, etc. in the clify that requires the victim D’s treatment for about three weeks, injury to the victim H (V, 28 years of age) who was aboard the victim D’s taxi to undergo approximately two weeks of treatment, and injury to the victim F in the clify that requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, F, and H;

1. The actual investigation report on traffic accidents;

1. Statement under the circumstances of the main office;

1. Investigation report (verification of black stay images);

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

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

1. Articles 40 and 50 of the Criminal Code of Trade and Trade.

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