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(영문) 서울동부지방법원 2015.01.14 2014고단3635

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

except that 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

[criminal power] On May 11, 2007, the defendant was punished three times in total for the same crime, such as receiving a summary order of one million won or more for the violation of the Road Traffic Act at the Jung-gu District Court on the same day.

【Criminal Facts】

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a CK5 vehicle.

On September 25, 2014, the Defendant driven the said K5-lane with a blood alcohol concentration of 0.098% around 13:57, while under the influence of alcohol, and led the Defendant to drive the said K5-lane along the three-lane road in front of 137 (Gukdong) at the upper day of Gangdong-gu Seoul, Gangdong-gu, Seoul, along one lane from the tri-day distance at the entrance of the river.

There was a duty of care to thoroughly operate the driver in the front line and to safely operate the vehicle.

Nevertheless, the Defendant, under the influence of alcohol, neglected to stop in driving and brought about the left-hand door of the vehicle operated by the victim D (hereinafter referred to as 46 years old) who was under a stop to the traffic signal by the Defendant, and brought down a shock on the right-hand door of the vehicle operated by the Defendant, which continued to be operated by the victim E (e.g., 53 years old) by the victim E (e., the victim E) to the front-hand door of the vehicle operated by the Defendant.

The Defendant, by such occupational negligence, inflicted injury on the victim D, such as climatic salt in need of approximately two weeks of medical treatment on the part of the victim F (V, 46 years of age), suffered from the victim F (V, who is the passenger of D) for about three weeks of medical treatment, the injury of the climatic salt, etc., which requires approximately four weeks of medical treatment, and the injury of the victim E, such as blood transfusion, which requires approximately four weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, the Defendant driven K5 cars while under the influence of alcohol with a blood alcohol concentration of about 0.098% at the section of about 21 km from the front side of the Dongdaemundong in Seongbuk-gu Seoul to the place of accident described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each traffic accident statement of D, E, and F;

1. The actual condition survey report;

1. On-site photographs, etc.;