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(영문) 서울북부지방법원 2017.03.28 2016고단5533
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 two-wheeled motor vehicle B in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

On August 9, 2016, the Defendant driven the said two-wheeled vehicle under the influence of approximately 0.124% alcohol concentration among blood transfusion 02:20 on August 9, 2016, and proceeded at a speed that would make it impossible to identify one lane prior to the 52-lane 59, non-Korean-ro lux in Seoul Special Metropolitan City, Nowon-gu, using one lane in front of the luxed lux of the luxed lux of the lux of the luxed lux of the lux of the lu

At that time, there was a duty of care to operate the steering system and the steering system by properly operating the steering system while living well in the front of the two-wheeled motor vehicle.

Nevertheless, the Defendant did not recognize the progress of the freight vehicle on the opposite opposite side while under the influence of alcohol and did not reduce the speed, and caused the latter wheel part of the two-wheeled vehicle driven by the Defendant to conflict with the chief part of the two-wheeled vehicle operated by the Defendant at the opposite side, thereby falling off the victim C (27 tax) who was on the rear seat of the two-wheeled vehicle.

As a result, the Defendant suffered injury to the above victim by occupational negligence, such as leaving the right frame, which requires approximately 10 weeks of treatment.

2. The Defendant was driving a two-wheeled vehicle under the influence of alcohol level of 0.124% at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. A report on the detection of a primary driver;

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

1. Vehicle photographs and CD images;

1. Investigation report (application of the above dmark numerical value);

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

1. Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts

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