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(영문) 서울북부지방법원 2018.04.26 2018고단714
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six 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

1. Around 05:50 on January 28, 2018, the Defendant driven a B car under the influence of alcohol content of 0.065% at a section of about 500 meters from a road on which it is impossible to know whether it is located in the Seocho-gu Seoul Metropolitan Government Airbingdong to the shooting distance in this water area located in 98 according to the same Gu’s action.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a B car rental car.

On January 28, 2018, the Defendant driven the said car under the influence of alcohol content of 0.065% in blood at around 05:50 on January 28, 2018, and led the Defendant to turn to the left at a speed of about 20km per hour from the male station to the intersection of completion of the private distance in this water area of 98 according to the Seocho-gu Seoul Metropolitan Government Action.

Since signals are installed on the street, there is a duty of care to check whether a person engaged in driving of a motor vehicle has a motor vehicle passing through the intersection by reducing speed and checking well the side of the motor vehicle, and to prevent the accident in advance by driving safely in accordance with the traffic signals.

Nevertheless, under the influence of alcohol, the Defendant neglected to turn to the left while disregarding that the signal to turn to the left is a stop signal and went to the male station in accordance with the new subparagraph by negligence, and did not avoid the DNA motor device bicycle that he driven by the victim C (32 ) who driven from the inside of the disease control region to the male station, and had the victim go to the ground by taking the left part of the motor device bicycle on the left part of the motor device of the Defendant's car.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the mouth duplicating the inside and outside of the left-hand side in need of approximately eight weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver at the State, report on the detection of the driver at State, and investigation report (part as to the application of the above Dmark) 1.

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