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(영문) 서울중앙지방법원 2018.01.10 2017고단8187
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

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

On October 25, 2017, around 03:30 on October 25, 2017, the Defendant stopped the road of four-lanes in front of Gangnam-gu Seoul Metropolitan Government C in accordance with the stop signals, while driving along two-lanes in the direction of a new middle school in the direction of the tension history distance, while under the influence of alcohol concentration of 0.10% in blood.

At the time of the defendant's front-time, the victim D(32) car driven by the victim D(32) is a stop, so there was a duty of care to prevent the accident in advance by properly manipulating the dust and brake system to those engaged in driving service.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting the operation of the dust and brakes, and the Defendant continued the vehicle even though the signal is still a stop signal, and received the part of the victim's vehicle behind the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

2. Around 03:30 on October 25, 2017, the Defendant driven a Bdisolar car in the state of alcohol alcohol concentration of about 1 Km from around 03:10 to the front road of Gangnam-gu Seoul, Gangnam-gu, Seoul, while under the influence of alcohol content of about 0.10%.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A written statement on the occurrence of traffic accidents;

1. A record of pulmonary measurement;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

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, Article 148-2(2)2 and Article 44 of the Road Traffic Act.

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