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(영문) 서울북부지방법원 2019.10.31 2019고단3577

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for a term of one year and two 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. 교통사고처리특례법위반(치상) 피고인은 B 팰리세이드 승용차량을 운전하는 업무에 종사하는 사람이다.

On August 12, 2019, the Defendant driven the said car under the influence of alcohol with 0.069% of blood alcohol level 0.069% on August 17, 2019, and led the Defendant to drive the said car at a speed of about 20 km per hour from the bank of the Seoul Southern-dong community service center, the front end of the Seoul Southern-gu Seoul Metropolitan Government, to the crdle of the discharge market distance.

At the same time, the center line of the yellow ray was installed, and the victim D(45 years old) EPoter Ⅱ was operated on the opposite lane, so in such a case, the driver had a duty of care to thoroughly operate the steering wheel and effectively manipulate the steering gear to protect the steering gear and prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant neglected this and received the part of the victim's left front part of the cargo vehicle from the opposite lane due to negligence in the course of business that intrudes on the center line as part of the motor vehicle left front part.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks due to such occupational negligence.

2. On November 24, 2008, the Defendant issued a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act at the Seoul Central District Court on March 25, 201, and a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act at the Seoul Central District Court on March 25, 201.

Although the Defendant was punished for drunk driving, on August 12, 2019, at around 17:53, the Defendant driven the said B-car under the influence of alcohol level of 0.069% from the 4km section from the “G Co., Ltd.’s superior agency” located in the “Seoul Northern-gu, Seoul, to the front road of the Seoul Northern-gu, Seoul, the Defendant driven the said B-car under the influence of alcohol level of 0.06%.

Summary of Evidence

1. The defendant's legal statement; 1.1.