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(영문) 서울북부지방법원 2016.09.22 2016고단2031
교통사고처리특례법위반등
Text

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

However, the execution of the above sentence shall be suspended for a period of 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 is engaged in driving a motor vehicle by borrowing C.

On May 5, 2016, the Defendant driven the said car under the influence of alcohol content of 0.088% among blood transfusion around 22:05, and proceeded with two lanes among three lanes in front of Dongdaemun-gu Seoul, Seoul, as the two-lanes in front of Dongdaemun-gu, Seoul, the Defendant was driving the said car under the influence of alcohol content of 0.08%.

At the time, the location is the intersection where signal lights are installed, the driver is engaged in driving, and there was a duty of care to drive safely in accordance with the signals.

Nevertheless, the Defendant neglected this and neglected to make a stop signal while in violation of the signal, and neglected to make a left turn due to the negligence in violation of the signal, and by the left turn, received the front part of the Defendant’s driver’s car in front of the driver’s car, which was driven by the victim E(63) driving at the front and left turn from the front side of the right-hand turn.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, which requires approximately three weeks of medical treatment.

2. On December 7, 2010, the Defendant was sentenced to a fine of three million won as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court on the grounds of a violation of the Road Traffic Act, on December 17, 2010, to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Driving) at the Seoul Western District Court on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act (drinking driving) and a suspended sentence of three years.

On May 5, 2016, while the Defendant was under the influence of alcohol level of 0.088% during blood transfusion around 22:05, the Defendant was driving a car in approximately 400 meters away from the front of Hyundai apartment in Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu to the front road in Dongdaemun-gu, Seoul.

As a result, the Defendant was punished not less than twice due to drinking, but driven a motor vehicle while under the influence of re-driving.

Summary of Evidence

1. Statement by the defendant in court;

1. E;

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