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(영문) 서울북부지방법원 2017.09.21 2017고단2944
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a CF rocketing car.

On June 29, 2017, at around 03:16, the Defendant driven the said car under the influence of alcohol level of 0.095% in blood while driving it, and driven the two-lanes of the third-lane road in the direction of the office distance of the Gangseo-gu, Seoul.

Since there is an intersection where signal lights are installed at the front door, a person engaged in the driving of a motor vehicle shall not drive the motor vehicle while under the influence of alcohol, and even if it is extremely inevitable for the motor vehicle, he/she has a duty of care to ensure a sufficient safety distance by checking the front door well, and to operate the steering gear and brake accurately and operate it safely.

Nevertheless, the Defendant, while under the influence of alcohol, went through the front part of the Victim F (53 Do) who was in the atmosphere of the signal at the Defendant’s frontline of the Defendant, was driven by the Defendant as the front part of the Defendant’s car. Accordingly, the Defendant, while the said taxi was pushed in in the future, she got the rear part of the Victim H(51 Doe) who was in the atmosphere of the signal at the same lane, and got the rear part of the Victim H (51 Doe) who was in the atmosphere of the same lane.

As a result, the Defendant suffered from the above occupational negligence the injury of the victim F, such as the salt, tension, etc. of the shoulder pipe, which requires a four-day medical treatment, and the victim H suffered from the injury of the fluor’s salt, tension, etc. requiring a one-time medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to the investigation report on traffic accidents, relevant photographs, the statement of the circumstances of the driver placed at the main place, the report on detection of the driver placed at the main place, the written statement of occurrence of each traffic accident (F and H), and the written diagnosis

1. Article 3(1) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 3(2) proviso 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation on duty and on duty) and the Road Traffic Act concerning criminal facts.

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