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(영문) 서울동부지방법원 2016.09.01 2016고단1967
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a car of cuss.

On May 16, 2016, the Defendant driven the said car with a blood alcohol concentration of 0.086% 0.086% around 21:50 on May 16, 201, and changed the course to three-lanes while driving the road of 4 lanes in front of Songpa-gu Seoul Metropolitan City from the south of the Olympic Park to the south four-lanes at a speed of about 50km from the south of the Olympic Park.

At night, and at the three-lanes adjacent to the defendant's moving direction, the victim D(49 years old) Echip car is proceeding. In such a case, there was a duty of care to prevent accidents in advance by safely changing the lanes, such as checking the traffic situation at right and right and right and the operation of direction direction, etc. in advance, so as not to obstruct the normal passage of other vehicles.

Nevertheless, the Defendant neglected this and neglected to change the lane to another place of business and received the part of the victim's right side side of the passenger vehicle with the back side of the passenger vehicle left side of the defendant's Ecuas car due to the occupational negligence.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., of the Ministers who need approximately two weeks of medical treatment by occupational negligence as above.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, the Defendant driven a ecoo vehicle B in the state of alcohol concentration of about 0.086% in the section of about 1km from the front of a mutually influent restaurant in Songpa-gu Seoul Metropolitan City to the front road of Songpa-gu Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Written statements of D;

1. A survey report on the actual condition of traffic accidents, photographs, and a record book on the measurement of drinking;

1. Blue boxes and video CDs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Handling of traffic accidents under relevant Articles of the Act and selective punishment concerning facts constituting an offense;

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