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(영문) 서울북부지방법원 2018.06.14 2018고단1063
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. The Defendant is a person who is engaged in driving a vehicle MF5 in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On January 10, 2018, the Defendant driven the said car with a alcohol content of 0.062% 0.062% during blood transfusion, and driven the two-lane road in front of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, with a two-lane speed from the side of the foreign language university to the parallel of about 30km in speed.

Since there is an intersection where signal lights are installed, there was a duty of care to safely drive a person engaged in driving service according to the new code.

Nevertheless, under the influence of alcohol, the Defendant neglected to observe the stop signal and received the left part of the Frash vehicle driving by the victim E (30 Do) which was driven by the Jeju Jeju Jeju High School to the left from the eth of the ethal elementary school in accordance with the left left turn from the eth of the ethal.g., the Defendant received the front part of the car of the Defendant.

Ultimately, the Defendant suffered from the victim’s injury of salt and tension in need of approximately three weeks’ medical treatment due to occupational negligence as above.

2. The Defendant, who violated the Road Traffic Act (drinking driving), driven the CM5 car while under the influence of alcohol content of about 0.062% in blood while under the influence of alcohol content of about 500 meters in the H station located in Dongdaemun-gu Seoul Metropolitan Government from the H station in Dongdaemun-gu to D in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. A survey report on actual conditions;

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

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

1. Relevant legal provisions concerning criminal facts, Article 3(1)1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2(2)3 and Article 44(1) of the Road Traffic Act, and Article 3(2)1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Articles 148-2(2)3 and 44(1) of the Road Traffic Act, and the

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;

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