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(영문) 서울북부지방법원 2018.04.26 2018고단476
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is a driver of a three-dimensional motor vehicle.

1. On January 15, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the above vehicle while under the influence of alcohol concentration of 0.098% in blood at around 18:00, and transferred three-lanes in front of the Seoul Southernbuk-gu, Seoul bypassing the three-lanes in front of the D at a speed that cannot be known to the backside of the baby at an elementary school in the transmission.

At the time, the Defendant was under drinking alcohol, and a sidewalk was installed on the front side, so there was a duty of care to prevent accidents in advance by immediately suspending the operation of a vehicle or safely driving the vehicle.

Nevertheless, the Defendant neglected to do so and was negligent in proceeding on the face of the sidewalk and received the front part of the Defendant’s driver’s vehicle in front of the packaging horse operated by the Victim E (V, 61 years old).

In the end, the Defendant suffered injury to the victim by negligence in the course of business, such as opening the back of the back of the opening of the back of the opening to the right line, which requires approximately four weeks of treatment.

2. On the same date, the Defendant was under the influence of alcohol content of 0.098% in blood at the same time as that of the preceding paragraph, and driving a vehicle at a 1km section from the front of Seongbuk-gu Seoul, Seongbuk to the same road of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

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

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

1. A paper of measurement of drinking alcohol;

1. Application of Acts and subordinate statutes to a report on investigation (Submission 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)3 and 44(1) of the Road Traffic Act concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that there is a record of being punished for driving under the influence of alcohol for the reason of sentencing, and that the report was committed with gross negligence.

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