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(영문) 서울서부지방법원 2017.10.31 2017고단2368
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 who is engaged in driving a car B i30.

1. On June 20, 2017, the Defendant driven the said car under the influence of alcohol content of about 0.224% from the 6km section of alcohol during the blood, to the 3rd-distance road located in the head of the Sinju City/Eup/Myeon under the influence of alcohol at around 06:20 on June 20, 201.

2. On June 20, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said car under the influence of alcohol concentration of 0.224% in blood around 06:20 on June 20, 2017, while driving the said car, and driving it over the two-lanes on the 4-lane road located in the grost of the grost distance in the erost of the erost of the Papju City, Eup, e.g., the two-lanes

At all times, there are crosswalks where signal lights are installed, and the victim C(36 tax) freight cars are driving in the front line with the signal waiting, so the driver had a duty of care to see the front line and stop at sufficient intervals with the above freight cars.

Nevertheless, the Defendant neglected this and sustained the part behind the above cargo vehicle driven by the victim due to negligence while driving the vehicle, and received the part behind the above passenger vehicle from the Defendant.

As a result, the Defendant suffered from the Defendant’s negligence on the part of the above occupational negligence that requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

1. Statement of the circumstances of the driver in charge of drinking and notification of the result of regulating drinking driving;

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

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act, Article 3 (1) and (2) 8 of the Act on Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation and actual occupation, the selection of imprisonment without prison labor), Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the selection of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Code, and Article 38.

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