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(영문) 서울중앙지방법원 2012.12.04 2012고합1363

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not more than ten 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

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who drives a motor vehicle by obtaining a franchise.

On August 1, 2012, the Defendant driven the above car at around 05:55, and was in progress at about 40km in the speed of the city according to the two-lanes of the five-lanes of the road as the area of the bankruptcy park site in Gangnam-gu, Seoul.

Since there is a cross-section with signal apparatus, the driver had a duty of care to prevent accidents by driving the driver according to the signals.

Nevertheless, the Defendant neglected this and neglected, and neglected it to change the vehicle progress signal to the intersection of Seoul Customshouse in front of 238, Gangnam-gu, Seoul, Gangnam-gu, Seoul, to a stop signal, and the victim D (34 years old) driven by the two-lane of the five-lane of the road from the Gangnam-gu Seoul, Gangnam-gu, Seoul to the front part of the vehicle of the Defendant.

After all, the Defendant suffered from the above negligence that the victim D suffered injury, such as the upper right booms in need of treatment for about 14 weeks, the upper right booms in both sides, and the victim F (n, 24 years old), who was on board the victim D's vehicle, for about 3 weeks of medical treatment.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) by the Defendant at the Gangnam-gu Seoul Metropolitan Government Gangnam-gu Police Station located in 06:30 on the same day, while he was investigated due to the causes of traffic accidents while driving a car under the influence of alcohol and being investigated, there are reasonable grounds to recognize the Defendant to have driven under the influence of alcohol, such as smelling and smelling on the face, etc., and making the Defendant enter the drinking measuring instrument for about 30 minutes from G slope under his control.