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(영문) 서울중앙지방법원 2013.07.05 2013고단2375

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a Party B’s car.

On March 27, 2013, the Defendant driven the said car while under the influence of alcohol of 0.098% with a blood alcohol concentration of 0.00% on March 27, 2013, and driven the said car along the five-lanes of 6-lanes from the Hannung-dong, Gangnam-gu, Seoul Metropolitan Government as the Olympic Winter Zone 422.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle by checking the front side well.

Nevertheless, the Defendant, while neglecting the influence of alcohol, received the back portion of the victim C(49 years old) driving as the front part of the Defendant’s driver’s driving, and got the front part of the F taxi in the victim E(66 years old) driving due to the shock, received the back portion of the victim E(66 years old) driving while the above taxi was pushed down in the future, and received the back portion of the F taxi in the victim G(32 years old) driving, and received each part behind the victim G(32 years old) driving.

As a result, the Defendant suffered from the above occupational negligence the injury to the victim C, such as climatic salt, etc. requiring treatment for about three weeks, the injury to the victim I (the 51-year-old passenger) who is a taxi driver of the above C, the injury to the victim E (the 66-year-old passenger), the injury to the two sides, etc. requiring treatment for about three weeks, the injury to the victim E (the 60-year-old passenger), the injury to the J (the 60-year-old passenger) requiring treatment for about two weeks, the injury to the climaticum, tension, etc. requiring treatment for about two weeks, the injury to the victim G (the 32-year-old passenger), and the injury to the victim K (the k and the 42-year-old passenger) requiring treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of each traffic accident in G, E and C;

1. The actual condition of traffic accidents;

1. A written report from an employee of an employer;

1. Investigation Report- Results of the application of the Tradmark;

1. Each written diagnosis shall be subject to the law.