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(영문) 서울남부지방법원 2012.11.09 2012고합675

교통사고처리특례법위반등

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 January 26, 2007, the Defendant received a summary order of KRW 700,000 from the Suwon District Court to a fine for a violation of the Road Traffic Act, and on June 29, 2007, a summary order of KRW 1,50,000 as a fine for the same crime in the same court.

Criminal facts

The Defendant is a person driving a CFIS car.

On April 21, 2012, the Defendant driven the said car while under the influence of alcohol of 0.067% of blood alcohol concentration at around 23:50 on April 21, 2012, and driven the front road of 962, Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu, at a non-speed speed depending on six-lanes from the tin bank to the remote straw-distance outflow.

At night, in such a case, the defendant engaged in driving of a motor vehicle had a duty of care to see the front door well and to operate the steering and operating system of the motor vehicle accurately and safely.

Nevertheless, the Defendant, while under the influence of alcohol, did not stop at the wind to find out that the E Car of the Victim D (Age 52) driven by the Victim D (Age 52) who was under way at the bend to the bend to the signal atmosphere, while neglecting the above duty of care, and did not stop the back part of the above EFL car to the front part of the above EFL car.

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the said D, such as cerebral sugar, which requires approximately two weeks of medical treatment, from the victim F, who is the passenger of the said car rental car, about 8 weeks of medical treatment, the victim F, who is the passenger of the said car, the 5th century-1,00 nuclear wave award, etc., and the victim G, who is the passenger of the said car rental car, about 60 years of age, for about 3 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. The circumstantial statement of a drinking driver, a certificate of drinking measurement, and a report on detection of a drinking driver;

1. Each written diagnosis;

1. Related photographs;

1. A previous conviction in judgment:

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