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(영문) 서울서부지방법원 2017.04.13 2017고단234

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

Reasons

Punishment of the crime

[Power of crime] On May 28, 2015, the Defendant issued a summary order of KRW 3 million for a violation of road traffic laws at the Seoul Northern District Court on May 28, 2015, and on June 17, 2016, the Seoul Western District Court issued a summary order of KRW 7 million for a violation of road traffic laws (driving).

[Criminal facts]

1. The Defendant violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving of a knife vehicle with B knife.

The Defendant, at around 06:00 on October 13, 2016, driven the said vehicle under the influence of alcohol content of 0.105% (the application of the said mark) without a driver’s license, and proceeded with three-lanes between the four-lanes in distribution intersections on the southwest north of Yongsan-gu Seoul, Yongsan-gu, with distribution intersections. As such, there are many vehicles driving in the same direction as the Defendant’s vehicle, the Defendant, who is engaged in driving, has a duty of care to properly manipulate the steering direction and brakes and prevent accidents by properly manipulatinging the steering direction and brakes.

Nevertheless, the Defendant neglected this and neglected to change the lane so that he could breathly, caused the Defendant’s negligence to change the lane in the same direction as the Defendant, and led the victim C (69 years old) driving in the same direction into the part of the Defendant’s driver’s seat in front of the first string of the instant taxi driver’s seat.

As a result, the Defendant suffered from the Defendant’s negligence in the above occupational negligence on the part of the victim with a scarcity chilling booms, which requires approximately 2 weeks of treatment, and suffered from the victim E (32 32) who was accompanied by the chilling dys and tensions in need of treatment for about 4 days.

2. The Defendant of a violation of the Road Traffic Act (drinking) and a violation of the Road Traffic Act (drinking without a license) shall, without a driver’s license of a vehicle during the day as described in the preceding paragraph, set the alcohol concentration of 0.105% (the application of the said dmark) in Gangnam-gu Seoul Cheonggu, Seoul, without a driver’s license of a vehicle.