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(영문) 서울남부지방법원 2019.06.13 2019고단1390

교통사고처리특례법위반(치상)등

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the service of operating a cruise car.

At around 23:00 on January 5, 2019, the Defendant was under the influence of alcohol with 0.093% of blood alcohol concentration, and the Defendant was driving the said car with D adjacent to Yangcheon-gu Seoul Metropolitan Government as the south cycle from the New Ne-distance Release to the south cycle.

At this point, as a driver of an intersection where signal lights are installed, there was a duty of care to safely drive the front and rear left in accordance with the new code while under the influence of alcohol.

Nevertheless, the Defendant neglected this and caused negligence in the course of driving a motor vehicle while under the influence of alcohol without properly emphasizing the front door while driving the motor vehicle in front of the Defendant’s driving direction, the back part of the victim E (n, 56 years old) driving a motor vehicle in front of the Defendant’s driving direction to take the front part of the Defendant’s motor vehicle, and the front part of the vehicle in front of the above vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the victim G (n, 26 years old) XE of the victim in front of the vehicle in front of the above vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the victim in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the victim in front of the vehicle in front of the vehicle in front of the vehicle in front of the victim in front of the vehicle in front of the vehicle in front of the victim in front of the vehicle in front.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement (E) and each written diagnosis;

1. Application of the Acts and subordinate statutes to report the occurrence of traffic accidents and notify results of drinking control;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (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 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty;