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(영문) 춘천지방법원 영월지원 2019.08.27 2019고단169
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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) by the Defendant is a person who is engaged in driving a motor vehicle B new AWHD.

On January 5, 2019, at around 01:25, the Defendant driven the said car while under the influence of alcohol of 0.131% of blood alcohol concentration, and continued to drive the front road of Eunpyeong-gu Seoul Metropolitan Government with the roads in front of the Eunpyeong-gu Seoul Metropolitan City from the Gu basin to the backside of the mountain basin, the two-lanes of the four-lane road.

In such cases, a person engaged in the driving of motor vehicles has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes well, and by accurately manipulating the steering direction and brakes.

Nevertheless, the Defendant neglected to perform the above duty of care and neglected to perform the duty of care, and caused the part of the backer part of the victim D(the age of 47) driving in the front part of the above passenger vehicle operated by the Defendant to shock the front part of the above passenger vehicle, which was driven by the Defendant, while neglecting the duty of care, and caused the backer part of the victim FF (the age of 56) driving in the front part of the said franchise vehicle to shock the backer part of the said passenger vehicle.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim D, such as chills, tensions, tensions, etc. in need of treatment for about two weeks, the injury to the victim H (the 44 years old), who is the passenger of the above knife of the above knife vehicle, and the injury to the victim F, who is the driver of the above K5 vehicle, for about two weeks of treatment. In addition, the Defendant suffered, respectively, the injury to the victim F, such as the knife base, tension, tensions, etc. in need of treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in the above paragraph (1), while under the influence of alcohol from about 1km section of Eunpyeong-gu Seoul Metropolitan Government to the front road of the same Gu, the Defendant driven the Category B New Zealand X-D car with a blood alcohol concentration of about 0.131%.

Summary of Evidence

1. Defendant's legal statement;

1. Each traffic accident report, each class of driver;

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