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(영문) 서울중앙지방법원 2019.09.25 2019고단709

교통사고처리특례법위반(치사)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death) and Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) are those who are engaged in driving of Bhuman vehicles, and C are those who are engaged in driving of Drocketing and other automobiles.

On March 6, 2018, the Defendant driven the said Indian car on March 6, 2018, and proceeded five lanes among five laness at the main line of the traffic line at the intersection of the Seoul Seocho-gu Seoul Metropolitan Government Yangnam Highway along the intersection, while C, while driving the said rocketing car at the above temporary border, entered the parallel of the traffic line at the upper line of the traffic line at the parallel of the traffic line at the same time and changed the course to five lanes of the main line.

In such cases, the defendant who is engaged in driving of a motor vehicle shall not drive the motor vehicle at such a speed or in such a way as to cause danger and harm to others, and shall not drive the motor vehicle at such speed or in such a manner as to interfere with the restricted speed, since the restricted speed of the above expressway is 110 km/h, there is a duty of care to prevent the accident from being delayed by accurately operating the steering and brake devices while complying with the restricted speed, and C has a duty of care not to change course when it is likely to impede the normal traffic of other motor vehicles running in the direction of change if it is intended to change course of the motor vehicle.

Nevertheless, the Defendant was negligent in driving at a speed of about 130 km/h in excess of the limit while neglecting his/her duty of care as above while under the influence of alcohol content 0.071%, and C is negligent in neglecting his/her duty of care as above and neglecting his/her duty of care as above and changing the lane due to negligence of the Defendant’s vehicle driven at the five-lane, and the left-hand side of C driver’s vehicle and the front side of C driver’s vehicle conflict with that of the Defendant’s vehicle.