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(영문) 서울남부지방법원 2017.02.02 2016고단5750
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On July 16, 2014, the Defendant was sentenced to six months in Seoul Western District Court for a violation of the Electronic Financial Transactions Act. On October 27, 2014, the Defendant completed the enforcement of the sentence at the Southern District Court of Seoul Southern District on March 13, 2015. On March 13, 2015, the Seoul East District Court issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving), and on June 11, 2015, the Defendant was sentenced to a summary order of KRW 2 million or more by receiving a fine of KRW 2 million or more due to a violation of the Road Traffic Act (driving) at the Seoul Western District Court of Seoul Central District Court.

1. On September 20, 2016, the Defendant: (a) driven a Grand Car without a driver’s license while under the influence of alcohol leveling 0.072% of the blood alcohol level on the front of Guro-gu Seoul at around 03:50 on September 20, 2016.

2. The Defendant is a person who is engaged in driving a car in the Grandland.

On September 20, 2016, around 03:50 on September 20, 2016, the Defendant continued the front road in Guro-gu Seoul Metropolitan Government, Seoul, into the digital complex off-distance protection.

At night and at the same time, the victim D(44) driving E rocketing car stops in the traffic signal atmosphere at the front of the vehicle running by the defendant driving vehicle, so in such a case, the driver of the vehicle has a duty of care to look at the traffic situation of the front side well and to prevent the accident by driving safely.

Nevertheless, under the influence of alcohol without a driver's license, the Defendant neglected the duty of an all-round driver's license, and led to the lower part of the victim's driver's vehicle in the signal waiting due to negligence that led to the Defendant's failure to perform the duty of an all-round driver's license.

As a result, the Defendant suffered injury to the victim, such as brain salvin, which requires approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident;

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