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(영문) 서울중앙지방법원 2018.09.20 2018고단4879

교통사고처리특례법위반(치상)등

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 22, 2012, the Defendant was issued a summary order of KRW 1,00,000 as a fine for a violation of road traffic law in support of the Sungnam-gu Friwon, and on March 25, 2013, the Seoul Central District Court issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Central District Court.

The defendant is a person who is engaged in driving a Bran vehicle.

On May 21, 2018, the Defendant driven the above vehicle while under the influence of alcohol of 0.090 percent in blood, and proceeded with two lanes from the six-lane of the art center located in Seocho-gu Seoul Southern-ro, Seocho-gu, Seoul, Seoul, at a remote distance from the backside to the backside of the station of the art center in the direction of 2406.

At the time, there were night vehicles, waiting in the front direction of the defendant's proceeding and stopping vehicles.

In this case, the driver of the motor vehicle has a duty of care to prevent accidents by driving the driver of the motor vehicle, operating the steering gear and brakes accurately and safely.

Nevertheless, the Defendant neglected to do so and did not view the right and the right and the right and the right and the right and the right and the Defendant was waiting for the signal at the front direction of the Defendant, and received the back portion of the DK5 taxi driving of the victim C(69) who was under the stop as the front part of the Defendant’s driver’s car.

As a result, the Defendant suffered, by negligence in the course of business, injury to the victim C, such as brain, which requires approximately two weeks of medical treatment, and injury to the victim E (57) who was on board the said K5-si, such as dump, tension, etc. requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the victim C;

1. Each written diagnosis;

1. Notification of the results of regulating drinking driving;

1. Previous conviction in judgment: The application of Acts and subordinate statutes of inquiry about criminal history and investigation report (Attachment to a copy of a summary order);

1. Criminal facts;