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(영문) 서울서부지방법원 2015.12.08 2015고단2553
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving service B.

On September 20, 2015, the Defendant, while under the influence of alcohol 03:30% of blood alcohol level, driven the off-line 0.052% of the above duties, and driven the second line c in front of Mapo-gu Seoul, Seoul, along the same intersection, along the two-lane road from the East East Tri Road to the front line of the Hongk University.

At the time, since it is night and a bend road, there is a duty of care to prevent accidents by the defendant engaged in driving service, maintaining the distance between the front and the left, and operating the steering and the brakes accurately and safely.

Nevertheless, due to the negligence of being negligent in driving in the same lane while neglecting it, the Defendant immediately avoided the preceding taxi on the left-hand side, leading the off-hand side of the off-hand side of the Dmaz car parked in the same lane, leading the victim E (the age of 27) who was on board the above Orababa, to the front-hand side of the Dmaz car parked in the Noabababa, and led the victim E (the age of 27) who was parked in the said Orabababa, to fall off on the FMazaba motor vehicle which was parked after the above Ethababa.

Ultimately, the Defendant suffered injury to the victim by occupational negligence as seen above, such as “the vertebrate vertebrate, vertebrate dives, and scule sculna,” which requires treatment for about three months.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of E, G and H;

1. A survey report on actual condition, a report on occurrence, vehicle photographs of the scene, records on the measurement of drinking, and a report on detection of a drinking driver;

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

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act:

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