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(영문) 서울서부지방법원 2014.04.17 2014고단157

교통사고처리특례법위반등

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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

On February 11, 2010, the Defendant received a summary order of KRW 1.5 million from the Incheon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million from the Incheon District Court to a fine for the same crime, etc. on May 18, 2011, respectively.

1. Around 19:50 on January 1, 2014, the Defendant driven a car B with a blood alcohol concentration of 0.160% under the influence of alcohol at a section of approximately one meter prior to the 386-2nd road, Mapo-gu Seoul Mapo-gu, Mapo-gu, Seoul.

2. The Defendant violating the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaged in driving a car at the above altitude.

The Defendant, at the date, at the time, and at the place specified in the above paragraph (1), was trying to drive a car above the leukdo while under the influence of alcohol content 0.160%.

In this case, a person engaged in driving service has a duty of care to safely control the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right to prevent the accident.

Nevertheless, the victim C (the 66 years old) who was on the road to get on the mast taxi while driving without being negligent due to the influence of alcohol was not found, and the victim's left side was taken into the back wheels of the driver's seat.

As a result, the Defendant suffered injury to the victim, such as malm macker, macker, macker, etc., which requires approximately two weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. A traffic accident report, a report on detection of a drinking driver, and a report on the circumstantial statement of a drinking driver;

1. Investigation report (the confirmation of insurance and the submission of medical certificates);

1. Previous records: Application of inquiry reports on criminal records, etc. and investigation reports, and Acts and subordinate statutes;

1. Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, the Criminal Act;