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(영문) 서울중앙지방법원 2016.11.02 2016고단6047
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving of CT vehicles.

On August 12, 2016, at around 05:08, the Defendant driven the said vehicle under the influence of alcohol content of 0.126% in front of the building in Gangnam-gu Seoul, Gangnam-gu, Seoul, while driving the said vehicle, at the same time as the blood alcohol concentration of 0.126% in front of the building, and the Defendant was in the middle of three-lanes of five-lanes from the area of active private distance room to the

In this case, a person engaged in driving of a motor vehicle has a duty of care to safely operate the brakes, steering devices, etc. in a correct manner.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and proceeded in the same direction, was prior to the driver’s seat of the victim E-driving while temporarily parked in the same vehicle due to the same direction, and received the part of the driver’s seat of the driver’s vehicle from the front side of the Defendant’s driving vehicle.

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, salt panions, etc. requiring approximately two weeks of medical treatment to the victim E, and the victim G, the above taxi passenger, respectively, with approximately two weeks of medical treatment.

2. The Defendant, while under the influence of alcohol concentration of 0.126% at a time under the preceding paragraph, driven the above C Tti-gu vehicle from the front side of the Yung-dong, Gangnam-gu, Seoul to the front road of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Statement of the occurrence of each traffic accident in E and G;

1. Report on detection of a drinking driver and the result of measurement of drinking;

1. Vehicle photographs;

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

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Article 3 (1), the proviso to Article 3 (2) and Articles 3 (8), and 268 of the Act on Special Cases Concerning the Settlement of Traffic Accidents (the point of injury by occupational negligence);

1. Trade name;

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