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(영문) 서울중앙지방법원 2018.06.08 2018고단1909
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, 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 is a person who is engaged in driving a motor device or bicycle without a license plate in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

On February 19, 2018, the Defendant driven the motor device and bicycle under the influence of alcohol of 0.070% among blood transfusions on February 19, 2018, and driven three lanes in front of Jongno-gu Seoul Metropolitan Government D in the same direction as the same description distance from the East-gu flood bank.

Since there are crosswalks in the front section and the first lane used exclusively for buses, in such a case, a person engaged in driving service has a duty of care to safely drive along the fixed bus line and prevent accidents in advance.

Nevertheless, the Defendant neglected this and neglected to drive a bus-only bus while driving a bus-only bus on the left side of the front bank, and found it late after the victim E (she is 55 years old) crossing the road from the right side of the front bank, but did not avoid it and did not go beyond the left side part of the victim.

As a result, the Defendant suffered bodily injury, such as the mouth of the body body in light of the body body of the 12 week, accompanied by a felball, which requires approximately 12 weeks of treatment to the victim due to such occupational negligence.

2. Violation of the Road Traffic Act and the violation of the Guarantee of Automobile Compensation Act, the Defendant driven a bicycle without being covered by the mandatory insurance provided for in the Guarantee of Automobile Compensation Act from the roads where the Jongno-gu Seoul Jongno-ro 2 is located to the scene of the accident to the site of the accident in the state of alcohol concentration of 0.070% during the day and the day set forth in paragraph (1) of this Article.

Summary of Evidence

1. Defendant’s legal statement

1. Investigation report (victim E telephone conversations);

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on detection of drivers;

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 268 of the Criminal Act (traffic accident).

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