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(영문) 서울북부지방법원 2017.10.19 2017고단2613
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. The Defendant violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a rocketing car.

On May 28, 2017, the Defendant driven the said car under the influence of alcohol level of 0.126% during blood transfusion around 01:09, and driven the three-lanes in front of Dongdaemun-gu Seoul Metropolitan Government D in the direction of shooting distance from the long distance at the speed of about 30km per hour in the direction of shooting.

At the time, since it is an intersection where a signal is installed at night, the defendant had a duty of care to make a left turn after checking the right and the right of the vehicle when the vehicle is green.

Nevertheless, under the influence of alcohol as above, the defendant did not discover the F-Engine bicycle rider driven by the victim E, who was under the victim's personal care in the front part of the defendant, and proceeded to the left without discovering the F-Engine bicycle, and caused the damaged person to go beyond the road by shocking the front part of the victim's motor device bicycle rider to the front part of the defendant's vehicle.

As a result, the Defendant inflicted an injury on the victim by negligence in the above business, such as approximately eight weeks of treatment on the right side of the victim, and 5 new electric shocks, etc.

2. Around 01:08 on May 28, 2017, the Defendant driven a C rocketing car under the influence of alcohol concentration of 0.126% at the 1km section from around 1km to around 66:3rd roads in the Dongdaemun-gu Seoul, Dongdaemun-gu 107, an old 107, an old 107, an old 1km-ro 66:00.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. The application of Acts and subordinate statutes to the investigation report on the actual condition of traffic accidents, the report on the detection of drivers at home, the report on the actual condition of drivers at home, the written statement on the occurrence of traffic accidents (E)

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation and de facto occupation, the choice of imprisonment without prison labor), Article 148-2(2) of the Road Traffic Act concerning criminal facts.

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