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(영문) 서울동부지방법원 2015.10.14 2015고단2501

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not less than eight 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 February 10, 2006, the defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Seoul Eastern District Court, and one million won for a violation of the Road Traffic Act at the Seoul Western District Court on April 17, 2006.

【Criminal Facts】

1. Around 05:08 on July 12, 2015, the Defendant was driving a vehicle with eMW 530D without obtaining a driver’s license at the 2km section of approximately 0.050% of alcohol alcohol level from the place where the name or less than that of Gangnam-gu Seoul Metropolitan Government is unknown to the front road of Seongdong-gu Seoul Metropolitan Government, without obtaining a driver’s license, at the 2km section of about 0.050% of alcohol level from the place where the name is unknown.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a car 530D car.

On July 12, 2015, at around 05:08, the Defendant driven the said car without obtaining a driver’s license with a blood alcohol level of 0.050%, and continued to drive the said car at about 60km per hour from the king of Seongdong-gu Seoul Metropolitan Government, the three-lane Do road at the front king of Seongdong-gu, Seoul.

At the time, there was a night and non-working, and in such a case, there was a duty of care to prevent accidents in advance by reducing speed and driving safely by checking well the right and the right of the driver.

Nevertheless, the Defendant neglected the drinking and unlicensed state of license and did not look at the front side and left side of the road, and by negligence, led to the victim F (the age of 86) who dried the road on the right side from the left side of the course to the right side of the Defendant’s car.

On July 12, 2015, at around 09:15, the Defendant caused the victim to die due to severe brain damage, etc. while receiving medical treatment at the Hanyang University Hospital located in Seongdong-gu Seoul Metropolitan Government 222-1.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (on the actual condition survey report);