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(영문) 서울남부지방법원 2018.05.24 2018고단1617
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On November 4, 2017, the Defendant: (a) driven a Radon car under the influence of alcohol level of 0.082% while under the influence of alcohol level of 0.082%, without obtaining a driver’s license from around 04:43 on the road in Guro-gu Seoul to the front day of the same Gu, from around 2km; (b) around November 4, 2017.

2. On November 4, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a rash car while under the influence of 0.082% alcohol level in blood without obtaining a driver’s license as above, and led the Defendant to drive the rash car along the same two-lanes of the same section in front of Seoul Guro-gu, Seoul, along with the flood sloped from the shooting distance range in the same section.

At the time, there are two different vehicles at night and at the front, so a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the front door and the left door and the left door, and by safely operating the steering and steering system.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, was a victim E (63) who was driving a bicycle ahead of it on the right side of the two-lane right side of the same car by negligence, and received the bicycle from the front right side of the said car.

As a result, the Defendant suffered injury, such as the sofabination No. 11, which was accompanied by the lower half of the period when the Defendant was in need of approximately 32 weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of a traffic accident of F;

1. A traffic accident report;

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. Investigation reports (on-site inspections, etc.);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1), Article 3(2) proviso of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3(1), Article 3(2) proviso 7, and Article 8 of the same Act, Article 268 of the Criminal Act (a point on duty and on duty), Article 148-2 Subparag. 3, and Article 44 of the Road Traffic Act concerning criminal facts.

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