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(영문) 서울동부지방법원 2016.01.28 2015고단3546

교통사고처리특례법위반등

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

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a motor vehicle of rocketing sirens.

On October 2, 2015, the Defendant driven the said car under the influence of alcohol content of 0.116% among blood transfusions on Oct. 2, 2015, and led the same-side main road located in Seongdong-gu Seoul Metropolitan Government Sungdong-gu to proceed at a speed not to be known by the two-lanes among the five-lanes as the front side of the road located in Sungdong-gu, Seoul.

At the time of the defendant's running direction, the victim D(38) EX car is in progress, and in such a case, the driver has a duty of care to secure a safe distance when the vehicle is stopped prior to the operation of the vehicle, to reduce the speed, and to prevent the accident in advance by driving the vehicle safely and safely.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so, without securing the safety distance with the vehicle, and proceeds from the operation of the vehicle at the front door of the vehicle at the front part of the vehicle driven by the Defendant, which was set by the vehicle’s body at the front part of the vehicle driven by the Defendant, and the said EXE car continued to be pushed in the front part of the vehicle driven by the Defendant, and the said EXE car continued to be pushed by the victim F (40 years old) who was under the influence of the vehicle and stopped on the front side.

Ultimately, the Defendant, by negligence in the above business, caused the injury of the external shock of the signboard that requires the above D to be treated for about six weeks, and caused the victim H (38 years of age) who is the passenger of the above X-ray car to suffer injury, such as the injury that was taken during about two weeks of medical treatment, and caused the above F to suffer injury, such as the dynasium, tension, etc. in need of medical treatment for about two weeks of treatment.

2. The defendant shall be punished by a fine for a violation of the Road Traffic Act at the Seoul Eastern District Court on November 10, 2006.