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(영문) 서울남부지방법원 2018.07.12 2018고단2220
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On February 24, 2018, the Defendant was driving C in the state of alcohol alcohol concentration of about 0.073% from the 158-day rhythm of Incheon Seo-gu, Seo-gu, Incheon International Airport Highway in Gangseo-gu, Seoul, to about 34.2km in the direction of Seoul International Airport Highway, which is located in Gangseo-gu, Gangseo-gu, Seoul.

2. On February 24, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said vehicle under the influence of alcohol concentration of 0.073% during blood transfusion at around 04:00, and continued to run a point 34.2 km in the direction of Seoul International Airport Highway in Gangseo-gu Seoul Metropolitan Government Fire-Fighting Zone.

At the time, since it was night, there was a duty of care to prevent accidents by driving a driver of a motor vehicle at the point where the internship is permitted, and driving the motor vehicle safely.

Nevertheless, the Defendant neglected to do so and shocked the front part of the vehicle in front of the last vehicle driving by the Defendant, which is driven by the victim D(48) who is under normal driving due to the negligence on the expressway.

Ultimately, the Defendant suffered, by negligence in the above business, injury to the victim D, such as finite finites, which requires approximately 2 weeks of treatment, and injury to the victim F (52 years of age), who is the passenger of the low-priced vehicle, to approximately 12 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. Report on the circumstances of a driver making a drinking, notification of the results of regulating drinking driving, and results of drinking;

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

1. Relevant Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso of Article 3(2)2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupational and de facto occupation, the choice of imprisonment without prison labor), Articles 148-2(2)3 and 44(1) of the Road Traffic Act (the driving of drinking alcohol and the choice of imprisonment).

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