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(영문) 서울서부지방법원 2015.02.03 2014고단3428
교통사고처리특례법위반등
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 became final and conclusive.

Reasons

Punishment of the crime

On October 19, 2009, the Defendant issued a summary order of a fine of two million won at the Seoul Western District Court on the charge of violation of the Road Traffic Act, etc., and the summary order of a fine of two million won at the Seoul Western District Court on December 8, 2010, respectively.

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaged in driving a B-to-pur vehicle.

On October 19, 2014, the Defendant is under the influence of alcohol level of 0.086% on blood alcohol level around 04:35 on October 19, 2014, and the Defendant is driving ahead of the new village district of Seodaemun-gu Seoul Western-dong 27-27 on a one-lane in the direction of the direction of the new village basin from the boundary of the new village street.

The course has been changed into two lanes.

In such cases, a person engaged in driving service of a motor vehicle shall not change course when it is likely to impede normal traffic of all motor vehicles running in the direction of the change, and he/she has a duty of care to operate the direction light in advance to prevent accidents by safely changing the lanes.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in changing the course into two-lanes, was driven by the victim C(53 years of age) who had been driving the two-lanes in the same direction as that of the horse driving by the Defendant, and was in the chief aspect of the operation of the said vehicle by the Defendant, and due to its shock, suffered from approximately two weeks of injury to the victim C such as salt of the necessary part, which requires approximately one week of treatment, and suffered from the victim E (62 years of age) who was on board the damaged taxi for about one week of treatment.

2. On October 19, 2014, the Defendant violated the Road Traffic Act (driving) at around 04:35, the blood alcohol concentration of 0.086%, and around 2.7 kilometers in front of the new village district of Mapo-gu, Seoul, 27-27, Seomun-gu.

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