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(영문) 서울동부지방법원 2019.01.31 2018고단3895
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving in the volume of car B.

1. A defendant who violated the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) driven the above vehicle on November 18, 2018, and led the road of the same lane in Seongdong-gu Seoul, Seongdong-gu, Seoul to proceed at a speed of speed in the speed of non-speed speed depending on four lanes from the surface of the Sung-dong intersection to the front-dong intersection as the front-dong intersection.

In such a case, the driver of the vehicle has a duty of care to ensure the safety distance with the vehicle in front and to properly manipulate the steering direction and operation of the steering system in order to prevent the accident by keeping the safety distance with the vehicle in front, and to prevent the accident.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to stop in the front room and brought about the part of the victim C(32 years of age, n, n) driver’s vehicle behind the driver’s vehicle in front of the Defendant’s driving vehicle, and due to the shock, led the victim E(49 years of age, n, n)’s vehicle volume in front of the Defendant’s driving vehicle, and led the victim E(5 years of age, n, n)’s vehicle volume in front of the Defendant’s driving vehicle.

Ultimately, the Defendant suffered injury to the victims, such as salt, tensions, etc. in need of treatment for about three weeks by occupational negligence as above.

2. Around November 18:25, 2018, the Defendant driven a Category B car while under the influence of alcohol content of 0.115% at the 1km section from the front of the sports park in Seongdong-gu, Seongdong-gu, Seoul to the East-dong, which is located in 104 from the front of the sports park to the East-dong, located in 104, Seongdong-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Investigation report (accident situation and confirmation of damage to a victim);

1. The circumstantial statement of the employer-employed driver, and the written report of the employer-employed driver;

1. A survey report on actual condition and photographs of an accident vehicle;

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

1. Criminal facts;

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