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(영문) 의정부지방법원 2019.05.29 2019고단1182

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for one year.

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

On October 31, 2016, the Defendant issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Jung-gu District Court, and the summary order of KRW 5 million for the same crime at the same court on May 11, 2018, respectively.

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaged in driving a B-to-pur vehicle.

On February 3, 2019, at around 13:50, the Defendant driven the above vehicle while under the influence of alcohol of 0.105% with a blood alcohol concentration of 0.105%, and driven the two-lane road in both weeks C from D to E-section.

Since the location is front of the intersection with signal lights, there was a duty of care to prevent accidents by safely driving the vehicle, such as reporting the traffic situation to the driver of the vehicle well, accurately manipulating the steering system, etc.

Nevertheless, the Defendant neglected to do so and continued to drive without obtaining a driver's license under the influence of alcohol, and brought about the G rocketing part of the victim F(the age of 42) driving in the signal atmosphere with the front-hander of the Defendant's vehicle.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim F, such as brain dead, etc. which requires treatment for about two weeks on the part of the victim H (V, 42 years of age), on the part of the victim I (V, 68 years of age), on the part of the victim I (V, f8 years of age), on the part of the scarcitys, tensions, etc. in need of treatment for about two weeks, on the part of the victim J (V, 73 years of age), on the part of the scarcitys, tensions, etc. in need of treatment for about two weeks, on the part of the victim J (V), on the part of the victim K (V, 13 years of age), on the part of the victim H (V, the victim), on the part of the victim (V, the scars and tensions), and on the part of the scarkes and tensions in need of treatment for about two weeks.

2. Violation of the Road Traffic Act;