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(영문) 서울북부지방법원 2018.02.08 2017고단5720
교통사고처리특례법위반(치상)등
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. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a motor vehicle with sod vehicle from Chumb

On December 3, 2017, the Defendant driven the said car without obtaining a driver's license under the influence of alcohol content of 0.059% in blood at around 23:19 on December 3, 2017, and moved the road located in Dobong-gu Seoul Metropolitan Government D into the breath don of the building on a light blap.

At night, there is a place where pedestrians are frequent, and therefore, there was a duty of care to prevent accidents in advance by driving the vehicle safely by safely driving the vehicle, such as making a well-being of the driver, operating the steering wheel and brake system accurately.

Nevertheless, the Defendant neglected to do so and neglected to do so, and instead neglected to do so, received the part of the victim E (22) who was on the left side of the said passenger vehicle following the said passenger vehicle, following the vehicle of the victim E (22).

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., the left-hand slots that need to be treated for about six weeks.

2. The Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (drawing without a license), at the time and place specified in paragraph 1, and without obtaining a driver’s license, in a state of under the influence of alcohol content 0.059% in blood at a 0.059%.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of actual condition survey reports, traffic accident situations reports (E), photographs of sea-going vehicles, site photographs of accidents, reports on the circumstantial statements of drivers employed by the State, reports on detection of drivers employed by the State, diagnostic reports, and registers of driver's licenses;

1. Article 3(1), Article 3(2) proviso 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 Subparag. 3 and 44(1) of the Road Traffic Act, Article 152 Subparag. 1 of the Road Traffic Act concerning criminal facts.

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