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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울동부지방법원 2017.08.25 2017고단1539
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 22:40 on February 7, 2017, driven a DNA-type car under the influence of alcohol level of 0.125% in blood, while driving a DNA-type car in the influence of alcohol level of 0.125% in the city of Jin-si, Chungcheongnam-si, Chungcheongnam-si, the Defendant driven a three-lane 116km in speed from the direction of the Do-type distance to the direction of the Do-type Do-type IC.

At the time of night, there was an intersection where signal lights are installed, so there was a duty of care to look at the front and right of the driver of the vehicle well and the right and the right of the driver of the vehicle, and drive the steering and brake system accurately and safely to prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant found a non-motor vehicle parked on the front side in accordance with the red signal, and changed the vehicle to the right side, and caused the vehicle to be driven by negligence in front of the motor vehicle in the above Swiss letter by not reducing the speed, and caused the curb line and the pedestrian signal, etc. of the traffic island installed between the three-lanes and the four-lanes in order and re-entered the motor vehicle in the above Swiss letter.

Ultimately, the Defendant suffered injury, such as the left-hand side 3,4,5 dives cutting dives, etc., which requires approximately nine weeks of treatment to the victim E (29 years of age) who was accompanied by the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Reports on traffic accidents, reports on actual condition of the driver involved in driving, and reports on the circumstances of the driver involved in driving;

1. A written diagnosis of E;

1. Application of the statutes of the response request for appraisal;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and the de facto occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the choice of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act (the following sentencing grounds are advantageous to the suspended sentence).

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