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(영문) 서울동부지방법원 2020.02.06 2019고단3886

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for one year.

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

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On October 22, 2019, the Defendant driven the above vehicle while under the influence of alcohol of 0.124% of the blood alcohol concentration around 19:00, and led the Defendant to drive one lane of the four lanes in front of Songpa-gu Seoul, Songpa-gu, Seoul at a speed that cannot be seen as the shooting distance range of the Olympic apartment from the shooting distance room in which the Olympic C is destroyed.

In this case, a driver of a motor vehicle has a duty of care to prevent accidents due to his/her failure to drive his/her motor vehicle, by accurately operating the steering and steering gear, and observing the speed limit.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and neglected to operate the electric-riju city and failed to properly operate the brake system, was driven by the victim D(51) who was waiting in the front of the vehicle driven by the Defendant by the back-rier of the EK5-si that was driven by the Defendant, and was pushed by the victim F (58 years old) who was waiting in the signal waiting in the front of the vehicle, and was driven by the Defendant, the Defendant got the back-moer of the Goper car driven by the victim F(58 years old) who was waiting in the signal waiting.

Ultimately, the Defendant suffered injury to the victim D by occupational negligence, such as light salt, etc. for about three weeks in need of medical treatment, and injury to the victim F, such as light salt, tension, etc. in need of medical treatment for about two weeks.

2. On January 3, 2008, the Defendant was issued a summary order of KRW 1 million in the sex south support as a crime of violating the Road Traffic Act.

At the same time, the Defendant driven approximately 1.1km of the cargo vehicle while under the influence of alcohol content of 0.124% from the front of Songpa-gu Seoul to the front of the same Gu C.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1.Each.