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(영문) 서울동부지방법원 2018.01.11 2017고단3298
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

The Defendant is a person engaging in driving a Party B’s car.

On September 9, 2017, the Defendant, while under the influence of alcohol content of 0.068% from blood transfusion around 20:30 on September 2017, 201, proceeded two lanes from the six-lanes in front of Gangdong-gu Seoul Metropolitan Government, to the shooting distance of a sexual heart hospital from the 6-lanes in the front of Gangdong-gu Seoul Metropolitan Government.

A person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering gear and brake system of the motor vehicle in a normal state without influence of drinking, drugs, etc., give a view to the right and the right of the motor vehicle, and safely drive the motor vehicle in advance to prevent the accident.

Nevertheless, the Defendant, while under the influence of alcohol, took the back of the E 5 business car driven by the victim D(53) who is waiting for a signal signal in the front bank by negligence, and led to the shock of the said 5 business car to be pushed forward in the front of the said e knife car due to the shock, and the said knife part of the G knife car is being driven by the F, which was driven by the F, while stopping in the front.

After all, the Defendant suffered injury to the victim D and the victim H, who was a passenger with the above K5 passenger by occupational negligence as above, for about two weeks, such as salt, tensions, etc. in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. Statement of the circumstances of the driver at home;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor for a crime of imprisonment without prison labor or a crime of the Road Traffic Act concerning a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 and 38(2) of the Criminal Code, which aggravated concurrent crimes.

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