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(영문) 서울동부지방법원 2016.08.10 2016고단1468
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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. On March 24, 2016, the Defendant violated the Road Traffic Act (drinking) and the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), driving a BK5 car under the influence of alcohol concentration of 0.072% in blood transfusion on March 24, 2016, and changing the five-lanes of main roads located in Seongdong-gu Seoul Metropolitan Government into three-lanes while driving along the two-lanes in a comparison room. In such cases, the Defendant was obliged to safely prevent accidents by driving the vehicle, such as driving the direction, giving notice of change of course, and changing the two-lanes by safely taking into account the traffic conditions before and after the driving of the vehicle.

Nevertheless, the defendant was not negligent in driving a motor vehicle while under the influence of alcohol and driving a motor vehicle by changing the two lanes rapidly into three lanes, and the victim C (V, 53 years old) driving in the same direction along the three-lanes. Thus, the defendant did not find a motor vehicle by the victim C (V, 53 years old) driving in the same direction and received the front portion of the motor vehicle on the right side and the left side of the motor vehicle by the defendant.

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately four weeks of treatment by occupational negligence.

2. The Defendant violated the Road Traffic Act (after-accident) at the same time and at the same place as 1. paragraph (1) of this Article, the Defendant destroyed the said Bosch Rexroth car at its repair cost, such as a pan-person, and escaped without immediately stopping it, and without taking necessary measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of traffic accident occurrence status prepared by E;

1. Whether drinking is printed out, a report on the circumstances of the driver involved, and a report on the detection of the driver involved;

1. The screen of each photograph and image materials;

1. The application of the law of diagnosis, repair estimates.

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