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(영문) 서울중앙지방법원 2018.01.17 2017고단8013
교통사고처리특례법위반(치상)등
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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 became final and conclusive.

Reasons

Punishment of the crime

1. Around October 23:50 on October 10, 2017, the Defendant driven a C-Adidi vehicle while under the influence of alcohol with approximately 1.5km alcohol concentration 0.114% from the 1.5km section from the private hotel in Gangnam-gu Seoul Metropolitan Government to the roads near Gangnam-gu Seoul.

2. The Defendant is a person who drives a car with CAD in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

around 23:50 on October 10, 2017, the Defendant, while under the influence of alcohol, driven the said AD car and continued to drive the road of six lanes in front of Gangnam-gu Seoul Metropolitan Government, Seoul, along a one-lane radius from the private road of the school-dong.

At the same time, there was a vehicle that stops in the signal waiting at the front of the defendant's running direction, and in such a case, there was a duty of care to safely drive the vehicle by reducing the speed and checking the right and the right.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was negligent in proceeding while driving D (W, 35 years old) a signal waiting at the front direction of the Defendant’s proceeding, and received the rear part of the Eststya car as the front part of the Estya car.

Ultimately, the Defendant suffered injury to the victim D and the victim F (the age of 34) who was on board the said rocketing car due to the above occupational negligence, such as salt, tension, etc. in need of approximately two weeks of treatment, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Drinking result;

1. A written statement on the occurrence of traffic accidents;

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

1. Article 148-2 subparag. 2 and Article 44 subparag. 1 of the Road Traffic Act concerning criminal facts; Article 3(1) and proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act concerning criminal facts;

1. The Commercial Concurrent Crimes Act.

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