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(영문) 서울중앙지방법원 2015.12.18 2015고단6710
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

1. Around September 24, 2015, the Defendant violated the Road Traffic Act (driving a sound driving) driving on the roads near the Gangnam-gu Seoul Cheongdamdong, Gangnam-gu Seoul, while under the influence of alcohol 0.152% of the blood alcohol concentration, the Defendant driven a Chodo-to-low-car vehicle under the influence of alcohol 0.152% in front of Gangnam-gu Seoul.

2. 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 for a franchise.

On September 24, 2015, the Defendant driven the above vehicle while under the influence of alcohol 0.152% of alcohol level around 22:35, and driven the five-lane roads in front of Seoul, Gangnam-gu, Seoul, along the U.S. Hospital History, at an insular speed from the U.S. to the new station.

At night, there is a center line of yellow solid lines in front of the defendant's proceeding direction.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to protect the vehicle line, such as a person who well lives on the front side and not harming the center line, and to prevent accidents by safely driving the motor vehicle in advance.

Nevertheless, the Defendant neglected this and caused the collision between the Defendant and the Defendant and the Defendant’s failure to drive under the influence of alcohol, and the part of the victim D's rocketing taxi fronter in the direction of the Defendant’s proceeding, which is facing the Defendant’s direction, with the front part of the Defendant’s vehicle.

The Defendant suffered, from the above occupational negligence, approximately 12 weeks of injury to the victim D, such as cage cages at the left-hand side of the 12 weeks of medical treatment, sages at sages at sages, and damage to sages at sages at sages, etc., and injury to the victim F of the above sages at least

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Written statements of D;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. Each photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The driving under the influence of alcohol under Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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