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(영문) 서울서부지방법원 2018.02.06 2017고단3514
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. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a car in Bomba halogen.

On November 4, 2017, the Defendant driven the said car under the influence of alcohol content of 0.103% among blood transfusions, and proceeded with the road of 4 lanes north-ro in Mapo-gu, Seoul Mapo-gu, Seoul, at a speed of about 70 km in the speed of 3 lanes at a speed of about 70 km from the surface of the sexual mountain intersections to the intersection of the two parallels, and changed the course to the three-lane.

At the time, it was difficult to see the front door at night, and the three-lanes of the victim C(58) and the three-lanes of the cargo are driving, so safety distance was ensured by reducing speed and by examining the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty and duty of care

Nevertheless, under the influence of alcohol, the Defendant was negligent in changing the course at the three-lanes of the driver’s vehicle, which was going on the right side of the driver’s vehicle, and received the part behind the Defendant’s vehicle’s left side.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

2. On November 4, 2017, the Defendant was under the influence of alcohol content of 0.103% in blood transfusion around 04:10 on November 4, 2017, the Defendant driven a vehicle in the bomb Gu of 20km from the Nam-gu Incheon Nam-dong to the 23rd East-ro, Seoul Mapo-ro, Seoul Mapo-ro, 8 to the 23rdwest-ro, Seoul Mapo-do.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual condition and a report on the results of crackdown on drinking driving;

1. A medical certificate;

1. The application of the laws and regulations to the investigation report (as regards the above dmark formula application);

1. Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) concerning criminal facts, the Criminal Act.

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