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(영문) 서울중앙지방법원 2020.11.19 2020고단5147

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 April 7, 2014, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act, and a summary order of KRW 4 million for the same crime on October 7, 2016 from the Vice Branch of the Incheon District Court to the same crime, respectively.

The defendant is a person driving B car car.

1. Around 07:03 on July 18, 2020, the Defendant driven the said car at a section of approximately approximately approximately 47 km from the front day of Gyeonggi-si to the front day of Gangnam-gu, Seoul, while under the influence of alcohol 0.073% of alcohol level around 07:03 on July 18, 2020.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. On July 18, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) stopped the front road of Gangnam-gu Seoul, Seoul, along the influence of alcohol, at around 07:03, while waiting in one lane from the direction of Fa Hospital to the direction of Fail Hospital.

In such cases, a person engaged in the business of driving a motor vehicle shall not drive a motor vehicle with alcohol, and there was a duty of care to prevent accidents by safely driving a motor vehicle, such as accurately operating the steering and steering gear, and driving the steering and steering gear well.

Nevertheless, the Defendant neglected this and received the lower part of the Victim G (L, 26 years old), which was a police official who was under the control of drunk driving vehicles in front of the said vehicle, by removing from the brakes, without being negligent in driving the said vehicle, as the front part of the said vehicle.

As a result, the Defendant suffered injury to the above victim by negligence in the course of business, such as knee, knee, and knee, and infeas and tension in detail, which require treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. The report on the actual condition, the report on the pulmonology, the report on the results of the regulation of drinking driving, and the report on the investigation (the report on the actual condition of a drinking driver);