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(영문) 서울중앙지방법원 2018.03.28 2018고단634

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

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 a B rocketing car.

On December 31, 2017, the Defendant driven the foregoing vehicle under the influence of alcohol content of 0.074% among blood transfusions on December 15:50, 2017, and driven the four-lane road in front of Gwanak-gu in Seoul Special Metropolitan City, along the three-lanes from the fluench distance to the fluence.

In such cases, the defendant who is engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to prevent accidents in advance by driving the motor vehicle safely such as reporting the traffic situation well, accurately manipulating the steering gear, etc.

Nevertheless, the Defendant neglected this and neglected to drive a motor vehicle on the side of the four-lane road due to influence of drinking, and received the part of the motor vehicle front of the Defendant’s motor vehicle on the part of the victim D (32) and E (31 years old) who was standing on the side of the four-lane road by negligence.

As a result, the Defendant suffered, by negligence, the injury to the victim D, such as catum salt in need of treatment for about three weeks, and the injury to the victim E, such as catum salt in need of approximately two weeks of treatment.

2. On October 30, 2006, the Defendant received a fine of KRW 1.5 million as a crime of violating Road Traffic Act (drinking) from the Seoul Southern District Court on October 30, 2006 and received a fine of KRW 700,000 from the Incheon District Court on October 2, 2008 as the same crime.

On December 31, 2017, the Defendant driven B rocketing car under the influence of alcohol content of about 0.074% from around 6km to around 15:50 at Ansan-si to the front day of Seoul Special Metropolitan City Nowon-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. An accident scene photograph;

1. A written statement on the occurrence of each traffic accident;

1. A report on the detection of a primary driver;