beta
(영문) 서울중앙지방법원 2017.01.11 2016고단8097

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not more than ten 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

[criminal record] On August 19, 2005, the defendant was issued a summary order of 1.5 million won for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch. On April 26, 2006, the defendant was sentenced to a suspended sentence of 6 months. On October 10, 207, the Seoul District Court issued a summary order of 3 million won for a crime of violating the Road Traffic Act (drinking driving) at the Seoul District Court's Seoul District Court's Central District Court's District Court's order of summary order of 2 million won for a crime of violating the Road Traffic Act (drinking driving). On October 28, 201, the defendant was issued a fine of 2 million won.

[Criminal facts]

1. On June 25, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), driving BMW car around 00:15, and driving a four-lane road in front of Seocho-gu Seoul Metropolitan Government, Seoul, along the fourth-lane in the direction of the intersection of the Seoul High-speed Bus Terminal in order to distribute it to the intersection.

In such cases, the defendant who drives a motor vehicle had a duty of care to prevent accidents in advance by properly operating the steering and steering system while living well on the front side.

Nevertheless, the Defendant was negligent in performing the above duty of care and was driven by the victim D (36 tax) who was parked in the front section of the EM5 vehicle in the front section of the EM5 vehicle, which the Defendant was driven by the victim D (36 tax) due to the fault of the vehicle in the front section of the said vehicle.

Ultimately, the Defendant suffered injury to the victim by negligence in the course of performing the above duties, such as salt dynasium and tensions that require approximately two weeks of treatment.

2. The Defendant was under the influence of alcohol level of 0.10% during the border line of the day indicated in paragraph 1, and driven BM car from approximately KRW 500 meters from the front day of the New Crolet in Seocho-gu Seoul, Seocho-gu, Seoul, to the roads of Seocho-gu, Seoul, in a state of alcohol level of 0.10%.

Accordingly, the defendant has violated the prohibition of drinking twice or more.