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(영문) 서울서부지방법원 2018.01.11 2017고단3236
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a passenger car in B Coin.

On September 17, 2017, the Defendant driven the above vehicle while under the influence of alcohol 0.146% during blood transfusion 0.17.21:45 on September 17, 2017, and led to five-lanes between the six-lanes in front of the IC and the two-lanes in front of the road in front of the IC in Mapo-gu, Mapo-gu, Seoul.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately operating and operating steering equipment and brakes.

Nevertheless, the Defendant was negligent in driving a vehicle while under the influence of alcohol while driving the vehicle in front of Defendant C (Woo, 37 years old) and was driven by Defendant C (Woo, 37 years old).

Ultimately, Defendant 1 suffered injury, such as salt, tensions, etc., in need of approximately two weeks of treatment due to the above occupational negligence by Defendant 2.

2. On the day specified in paragraph (1), the Defendant driving a vehicle Bcoon at the section of approximately 10km from the Raba road located in the Dong-gu Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on traffic accidents and a survey report on actual condition;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Photographs of vehicles;

1. Application of Acts and subordinate statutes to investigation reports (verification and submission of medical certificates verifying the purchase of insurance);

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. Article 37 (former part of Article 37, Article 38 (1) 2, Article 38 (2), and Article 50 (Concurrent Punishment) of the Criminal Act.

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