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(영문) 서울중앙지방법원 2018.11.02 2018고단3790
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

1. The Defendant is a person who is engaged in driving service of 125cc c. without a license plate in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act.

On February 22, 2018, the Defendant driven the above Oral 22:20 on the 22:20th day of 2018, and led the front intersection of the Seoul Jung-gu Seoul Metropolitan Government C building to proceed under the influence of alcohol by 0.082% of alcohol concentration in the blood at the erode of the erogate from the erogate to the erogate.

At this time, the signal lights are installed, and at night, the driver of the motor vehicle has a duty of care to see well the right and the right of the front side in accordance with the new code, to accurately operate the steering and steering system, and to prevent the accident in advance.

Nevertheless, the Defendant's negligence in contravention of the signal while under the influence of alcohol led the victim D (29 years old) driving on the left side of the victim D (29 years old) driving in accordance with the new code from the right side of the course to the left side of the road, which was driven by the Defendant, to the left side of the victim D (29 years old).

As a result, the Defendant suffered injury, such as a double slick salt, which requires approximately two weeks of treatment, and at the same time damaged 4,500,000 water supply costs owned by the victim.

2. The Defendant violated the Road Traffic Act (drinking driving) and the Guarantee of Compensation for Motor Vehicle Damages: (a) the Defendant driven a 125cc clobane without a mandatory insurance policy while under the influence of alcohol 0.082% at a section of approximately 700 meters from Jongno-gu Seoul Personneldong to the front intersection of the Seoul Jung-gu Seoul Metropolitan Government C building.

Summary of Evidence

1. Defendant’s legal statement

1. A written statement on the occurrence of D traffic accidents;

1. A written diagnosis and written estimate;

1. Notification of the results of regulating driving of drinking alcohol, and application of Acts and subordinate statutes for reporting internal death (related to insurance without registration of a suspected motor);

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 3(2)1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Criminal Act concerning criminal facts.

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