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(영문) 서울서부지방법원 2018.11.22 2018고단3194
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

The Defendant is a person who is engaged in the operation of Lone Star Cargo Vehicles B.

1. On August 5, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving the said Lone Star Cargo under the influence of alcohol 0.123% during blood transfusion, and driving the said Lone Star Freight truck at a speed of two-lanes from the side of the Seoul Mapo-gu Seoul Metropolitan Government (hereinafter referred to as “Seoul Mapo-gu”) to the two-lane distance from the opposite side of the red luxing area.

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Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brakes properly, and the part of the back part of the said vehicle of the said vehicle of soflurged from the Plaintiff was received as the front part of the freight truck.

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

2. Around 15:50 on August 5, 2018, the Defendant driven the said Lone Star F&W vehicle with approximately 700 meters alcohol concentration at approximately 0.123% while under the influence of alcohol from the front of Mapo-gu Seoul to the front of the same Gu’s roads.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to a traffic accident report, a statement of the circumstances of the driver at the main place of business, a diagnosis certificate, and an investigation report (the distance driven by the person under consideration);

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents (the point of driving under influence of alcohol) concerning criminal facts;

1. Selection of penalty;

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