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(영문) 서울동부지방법원 2018.12.12 2018고단3343
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by imprisonment with labor for six months, and the execution shall be suspended for one year from the date the judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

1. On June 18, 2018, the Defendant was under the influence of alcohol content of 0.110% during blood transfusion around 19:25 on June 18, 2018, the Defendant driven C car with C car stren in the section of about 3km from the roads near the Songpa-gu Seoul Songpa-gu Seoul Metropolitan Government Orpon Sick Road to the front roads of Gangdong-gu Seoul Metropolitan Government.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving CKaren car as above at the time of paragraph 1, while driving it as a duties under the influence of alcohol content of 0.110% in blood, and driving the front road of Gangdong-gu Seoul, Gangdong-gu, Seoul at the speed of about 40km in the speed of about 5 lanes in the direction of the village along the direction of the south ICT.

There is a signal, etc. at the front of the defendant, and since the victim D(66) driving E-car was in the atmosphere of the signal signal, the driver had a duty of care to accurately manipulate the brake system and prevent the accident in advance.

Nevertheless, while under the influence of alcohol, the Defendant was negligent in operating the operation of the operation system without accurately operating it, and the part of the victim D driving vehicle was followed by the Defendant’s vehicle and the part concerning the driver was committed in front of the Defendant’s vehicle.

Ultimately, the Defendant suffered, by its occupational negligence, the injury to the victim D, such as salt, tensions, etc. of a string that requires approximately four weeks of medical treatment, and the injury to the victim F of the victim of the damaged vehicle (V, 66 years of age), such as salt, tensions, etc. of a trend requiring approximately four weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to a survey report on actual conditions, a report on measurement of drinking, and a medical certificate;

1. Penalty provisions: Article 3 (1) and the proviso to (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 (Bodily Injury) of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

1. Commercial concurrence: Article 40 or 50 of the Criminal Act;

1. Selection of punishment: Imprisonment with or without prison labor;

1. Aggravation of concurrent crimes: Articles 37 and 38 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order to attend lectures, etc.: Criminal Act;

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