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(영문) 서울서부지방법원 2018.05.03 2018고단272
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a passenger car with B low-speed car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On January 13, 2018, the Defendant driven the above car at around 02:00, and led the three-lane road in front of the D located in Eunpyeong-gu Seoul Metropolitan Government to proceed along the one-lane of the above road in the direction of the Gusan Shill in the direction of the Seodaemun-gu.

At night, at the time, the victim E was at the front of the passenger car of the defendant, and the F K5 si operated by the victim E was at the time, and in this case, the defendant, who is engaged in driving of the motor vehicle, has a duty of care to display the front door and operate the brake accurately and safely.

Nevertheless, under the influence of alcohol, the Defendant suffered bodily injury, such as salt panions and tensions, which require approximately two weeks of treatment to the victim, by neglecting the front part of the Defendant’s vehicle in front of the said taxi.

2. On January 13, 2018, from around 02:00 to around 02:05, the Defendant driven a B low-speed car with a alcohol content of about 0.132% in the section of about 300 meters from the 300-meter to the road near the Green Cross located in the same west-ro 293, Seocho-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition (traffic accident report);

1. Inquiries about the results of crackdown on drinking driving;

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

1. Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act (the occupation and loss of duties, the choice of imprisonment without prison labor), Article 148-2 Subparag. 2 and Article 44(1) of the Road Traffic Act (the occupation of drinking and the choice 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for the order to attend lectures and the circumstances disadvantageous to them:

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