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(영문) 서울서부지방법원 2020.10.06 2020고단2232

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a passenger car in the B SP land.

On May 17, 2020, at around 17:30, the Defendant driven the said car while under the influence of alcohol of 0.117%, and led the Defendant to drive the said car along four-lanes at a point 47.2 km away from the Young-dong Highway located in Gyeonggi-si, Gyeonggi-si.

Since it is a national expressway, there was a duty of care to prevent accidents in advance by safely manipulating the traffic conditions of the front bank and its surrounding areas, and safely manipulating the steering and brakes, etc. along the lanes.

Nevertheless, the Defendant neglected this and proceeded along three-lanes of the Victim C (Nam, 42 years old) driving along the three-lanes by negligence outside the lane, and followed the right side of the victim C(Seoul, 42 years old) driving, and received the two-lanes of the above pents in front of the left side of the passenger car in the Switzerland area.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim C in need of approximately two weeks of medical treatment, and injury to the victim E (V, 39 years of age) who is a passenger of the said I30 vehicle, such as brain salinium, etc. requiring medical treatment for about two weeks of age, and suffered injury to the victim F (V, 7 years of age), and the victim G (V, 4 years of age) for each two-day period of medical treatment.

2. Around 17:30 on May 17, 2020, the Defendant driven a B SP car at the section of about 18km from the front of a restaurant near I, located in the wife population H, Gyeonggi-si, Gyeonggi-si, Gyeonggi-do, to the lower point of about 47.2km at the 18km-si, Gyeonggi-do.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report or a traffic accident occurrence report (1);

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Each written diagnosis;

1. On-site photo investigation reports (HE official) legislation shall apply 1.