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(영문) 서울북부지방법원 2018.12.13 2018고단4212
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On June 5, 2016, the Defendant was sentenced to four months of imprisonment with prison labor due to special larceny, etc. at the District Court of Jung-gu, and the execution of the sentence was completed at the Jung-gu prison on December 11, 2016.

[Criminal Facts]

1. The defendant is a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and is engaged in driving of motors and bicycle.

On July 30, 2018, the Defendant, while driving a bicycle with alcohol content of 0.134% in alcohol during the blood transfusion, proceeded with a road of four-lanes in front of the D church located in Jung-gu Seoul Metropolitan Government, at a speed of about 60km from the front side of the D church located in Jung-gu, Seoul, along three-lanes, and changed the course to one lane.

In this case, the driver of the motor device bicycle has a duty of care to operate the direction in advance to give notice of the change of course and to change the car line safely by making the situation of the traffic before and after the time.

Nevertheless, under the influence of alcohol, the Defendant, as a part of the right part of the CA100 motor bicycle bicycle, driven by the Defendant by the negligence of changing the vehicle from three lanes to one lane, and received a part of the back part of the driver's seat of the Esp motor vehicle in the signal waiting in the above lane from the above one lane, and led the bicycle bicycle to go on the road surface, thereby passing the victim F. (n., 29 years of age) who was accompanied by the rear seat.

Ultimately, the Defendant suffered injury to the Victim F (V, 29 years of age) due to the above occupational negligence, such as a brush, a fluor, a fluor, and a fluor, which require approximately eight weeks of treatment to the Victim F (V).

2. On July 30, 2018, the Defendant: (a) driven a bicycle under the influence of alcohol content of approximately 0.134% at the section of approximately 1.38 km from the H’s front road located in G in Gyeonggi-gu, Gyeonggi-gu; (b) around 09:32 on the same day to the front road of the D church located in Seoul, Jung-gu, Seoul.

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