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(영문) 서울남부지방법원 2013.10.02 2013고단2796
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a car in B SP land.

On July 14, 2013, the Defendant driven the said car at a speed of about 50 km in the speed of 0.078%, while under the influence of alcohol level on the front of Yangcheon apartment located in 276, Yangcheon-gu, Yangcheon-gu, Seoul, Yangcheon-gu, Seoul, and operated the said car at a speed of about 50 km per hour, depending on the two-lanes in the direction of the mountain distance from the direction of the mountain distance.

Since there is a place where the center line of yellow-ray is installed, there was a duty of care for those engaged in driving service to see the front line well and to safely drive the car line.

Nevertheless, the Defendant, while neglecting it under the influence of alcohol as seen above, was negligent in breaking the median line by driving on a stroke, and took the victim C's D-lane that was driven in two-lanes in the opposite direction, and caused the collision with the E-driving Cargo where the said taxi was driven in one lane due to its shock.

Ultimately, the Defendant suffered injury to the victim C, such as the left-hand skes, which requires approximately 8 weeks of medical treatment, due to such occupational negligence, and injury to the victim G, who is the above taxi passenger, including chills and tensions that require approximately 3 weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) while under the influence of alcohol with a blood alcohol concentration of 0.078% at the time and time set forth in paragraph (1) of this Article, the Defendant driven the said SP car from the Seocho-gu Seoul Seocho to the point of the said accident at approximately approximately 17km.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. A report on detection of a host driver;

1. A written statement on the occurrence of a traffic accident;

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

1. Article 3(1), the proviso of Article 3(2)2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)3 and Article 44 of the Road Traffic Act concerning criminal facts.

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