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(영문) 서울중앙지방법원 2018.05.10 2018고단1716
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 3, 2018, the Defendant driven BMW 528i-car while under the influence of alcohol 0.103% in blood without obtaining a driver's license on February 3, 2018, and driven BM 528i-car, which is located in BMW 334 in the Cheongcheon-ro 334, Jungcheon-gu, Seoul, Jung-gu, the Defendant driven the two-lane 6-lanes from the Cheongcheon-do to the 7-lane 60km in speed.

At all times, there was an intersection where signal lights are installed, so there was a duty to safely drive the vehicle to prevent the accident in advance by driving the vehicle in accordance with the traffic signals.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to change the signal to a vehicle stop signal, was due to the negligence of continuing to proceed at the same speed, and received the left-hand part of the victim C(62) who driven the vehicle in front of the vehicle in accordance with the vehicle proceeding signals.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as fluoral salt, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A medical certificate;

1. Whether to output the measurement of drinking alcohol;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 3 (1), the proviso to Article 3 (2) 1, 7, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2, Article 44 (1), subparagraph 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with or without prison labor for a crime violating the traffic laws as decided on the selection of punishment, and selection of imprisonment without prison labor for the remaining crimes;

1. former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act [Provided, That the lowest limit shall be determined for the crimes of violating the Road Traffic Act (driving)];

1. It is so decided as per Disposition for the reason under Article 62(1) of the Criminal Act or more of the Criminal Act, taking into account the fact that the suspension of execution (such as the agreement with the victim and the depth reflects;

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