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(영문) 서울동부지방법원 2013.06.12 2013고단832
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 08:00 on February 21, 2013, the Defendant was under the influence of alcohol level of 0.125% on the roads in front of the Gangnam-gu Seoul Special Metropolitan City Newdong, a vehicle of about 3 km at approximately 4 km on the roads in front of the 172-dong, Songpa-gu Seoul Special Metropolitan City.

2. On February 21, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, who was engaged in driving of the said vehicle, driven the said vehicle under the influence of alcohol on February 21, 2013, and driven the two-lane road of 172 in front of the Seoul Songpa-dong, Songpa-gu, Seoul at a speed of about 50 kilometers per hour between the two-lanes, from a diving room to a fall market.

In such a case, even though there was an occupational duty of care to prevent accidents by operating the steering gear and the steering gear of the Defendant, the Defendant, while under the influence of alcohol, neglected to do so, led the Defendant to take the front part of the Defendant’s vehicle and the front part of the Dap car driven by the victim D in waiting in the traffic signal at the same side of the same room as the vehicle driven by the Defendant, and the said damaged vehicle was pushed into the front part of the Defendant’s vehicle, and the said damaged vehicle was pushed into the front part, and the said damaged vehicle was pushed into the front part.

The Defendant suffered from each of the above occupational negligence that requires approximately two weeks medical treatment from each of the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of each traffic accident by D or F;

1. The actual condition survey report;

1. Each written diagnosis;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes ( mutually among the violations of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. The punishment of imprisonment without prison labor shall be imposed on a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

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