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(영문) 서울서부지방법원 2018.02.13 2017고단3248

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On April 4, 2012, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1 million due to a violation of road traffic law (driving driving) at the Seoul Northern District Court (Seoul Northern District Court). On December 14, 2012, the Defendant was sentenced to a fine of KRW 3 million due to a violation of road traffic law (driving driving) at the Seoul East District Court (Seoul East District Court).

[Criminal facts]

1. On July 29, 2017, the Defendant: (a) driven a BMW320-d car under the influence of alcohol with approximately 0.143% alcohol concentration at a section of about 100 meters prior to the parking lot located in Yongsan-gu Seoul, Yongsan-gu, Seoul; and (b) at the front of the said parking lot located in front of the Dongwon-won.

Accordingly, the defendant driving a motor vehicle under the influence of alcohol not less than twice, and driving a motor vehicle again.

2. The Defendant is a person who is engaged in driving a vehicle BMW320D in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On July 29, 2017, the Defendant driven the above car at around 05:09, and continued to run the front side road of Yongsan-gu Seoul Metropolitan Government, and the front side road of Yongsan-gu, Seoul.

At the time, there was a person who is engaged in driving of a motor vehicle at night and around the backway, so there was a duty of care to thoroughly control the vehicle's steering direction and operation system and to prevent the accident in advance.

Nevertheless, the Defendant neglected to do so, while driving a vehicle under the influence of alcohol as above, taken the right edge of the victim D (21) who was on the right side of the defendant's running direction at the time when he driven the vehicle into the front wheels of the defendant's vehicle.

Ultimately, the Defendant suffered from the victim’s negligence in the course of performing the above duties, such as a saw that does not cause damage to a saw that does not require medical treatment for about a week.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. Statement of the circumstances of the driver in charge;