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(영문) 서울남부지방법원 2019.05.30 2018고단4453

교통사고처리특례법위반(치상)등

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 10, 2017, Defendant A received a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) from the Incheon District Court on November 10, 2017, and on June 20, 2018, Defendant A received a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) by the Incheon District Court on June 20, 2018.

【Criminal Facts】

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and violation of the Road Traffic Act (A) are those engaged in driving service of CK5 vehicles;

Defendant

A around 05:30 on June 6, 2018, at the same time, the two-lane road in front of Guro-gu Seoul Metropolitan Government is driven by the blood alcohol concentration of 0.082% under the influence of alcohol without obtaining a driver's license.

In such cases, the driver has a duty of care to take the front side and left side well and to properly manipulate the steering direction and brakes so that the driver has a duty of care to prevent the accident in advance.

Nevertheless, Defendant A was negligent in neglecting this and making a left turn to the left, and was driven by the victim E (the aged 31) who was standing in the signal air from the opposite side of Defendant A to the traffic signal, and the front part of the FM6 Motor Vehicle driven by Defendant E (the aged 31) as the front part.

Ultimately, Defendant A’s occupational negligence inflicted injury on the victim E, such as satise, tensions, etc., in need of approximately two weeks of medical treatment; Defendant A’s vehicle transporter G (18 years of age) suffered injury to the victim G (the victim), who is a motor vehicle transporter of Defendant A, with no head open in need of medical treatment for about three weeks; Defendant A’s vehicle transporter H (the victim H(the age of 18 years of age) suffered injury, such as datume, tension, etc. of the bones of trees that require medical treatment for about two weeks.

2. Violation of the Road Traffic Act (driving) and violation of the Road Traffic Act (Driving without a license) and Defendant A shall be drunk at the same time and at the same place, with a blood alcohol concentration of 0.082% without obtaining a driver’s license.