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(영문) 서울남부지방법원 2017.12.21 2017고단5082
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for a period of five 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 person who is engaged in driving a motor device or bicycle.

1. Around 03:20 on August 23, 2017, the Defendant: (a) driven a bicycle with alcohol content of approximately 14 km from the 14km section from the 14km section, along the airport of Gangseo-gu Seoul Metropolitan Government, to the front road of the 18-day elementary school at the Seo-gu, Gangseo-gu; (b) while under the influence of alcohol, the Defendant driven the bicycle with alcohol content of at least 0.091%.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a bicycle with alcohol content of 0.091% at the time of the day set forth in the above paragraph (1) while driving the motor device and bicycle at a 0.091%, and proceeded three-lanes in front of the 3-lane 18-lane elementary school at the airport of Gangseo-gu Seoul Metropolitan Government, along the 18-lane 18-lane in front of the 18-lane in front of the transmitting elementary school, at an irregular speed.

The Defendant had a duty of care to thoroughly operate the steering gear and operation of the steering gear in an accurate manner in the front of the front of the front of the front of the front of the front of the front of the front of the front of the rear of the rear of the Defendant, while neglecting the duty of care, thereby under the influence of alcohol and neglecting the duty of care.

Ultimately, the Defendant suffered injury to the victim C by the above occupational negligence, i.e., the removal of the head of the upper pelpel in need of approximately 10 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement on the occurrence of each traffic accident;

1. Application of Acts and subordinate statutes to the actual survey report, diagnosis report, and traffic accident analysis report;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act, Article 3 (1) and Article 3 (2) 8 of the Act on Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation and actual occupation, the selection of imprisonment without prison labor), Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the selection of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Normal circumstances that are favorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The victim is crossing without permission.

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