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(영문) 서울남부지방법원 2016.09.30 2014고단1962
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence 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 of B Poter freight vehicles.

On October 21, 2012, the Defendant driven the foregoing cargo under the influence of alcohol content of 0.108% during blood transfusion around 06:00, and led to the flown bypassing from the side of the Seoul Southern District Court toward the e-mail at a e-mail of 0.108%.

At the time, a new wall is an intersection with signal lights and crosswalks installed, so a person engaged in driving service has a duty of care to safely proceed with by taking into account the surrounding conditions, such as a new one and prior one.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving while driving the vehicle, was not driven by the victim C (62 cc) who stops in the signal waiting direction in front of the Defendant’s running direction, and received the part on the right side of the victim’s vehicle behind the front part of the Defendant’s driving.

Ultimately, the Defendant suffered injury to the victim, such as the loss from the loss of the left-hand hand, which requires approximately three weeks of medical treatment, due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking driving) driving the said cargo under the influence of alcohol from the front side of the digital short line in Geumcheon-gu Seoul Metropolitan Government to the new distance of about 7 km in the New-dong, Yangcheon-gu, Seoul at the time of the day specified in paragraph (1) above, as described in paragraph (1) above.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A certificate for measuring drinking alcohol;

1. A written statement on the occurrence of a traffic accident (C);

1. A traffic accident report (1) (2) (2)

1. A traffic accident occurrence report;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the detection of a primary driver;

1. On-site reports (the application of the above dmark formula);

1. A written diagnosis for C;

1. Application of Acts and subordinate statutes to photographs of damaged vehicles and harming vehicles;

1. Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts

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