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(영문) 서울북부지방법원 2017.05.04 2017고단492
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 19, 2008, the Defendant issued a summary order of KRW 1.5 million from the Seoul Eastern District Court to a fine of KRW 1.5 million and a fine of KRW 1.5 million from the Suwon Friwon on August 18, 201 for the same crime.

1. Notwithstanding the fact that Defendant 1 violated Article 44(1) of the Road Traffic Act on at least two occasions, Defendant 1 driven a e-car under the influence of alcohol at approximately 50 meters in the section of approximately 50 meters from the roads near the Dongdaemun-gu Seoul Dongdaemun Building to the same front road, Dongdaemun-gu Office building, Seoul on January 22, 2017.

2. The Defendant is a person who is engaged in driving service of a motor vehicle with low-priced motor vehicles in compliance with the Act on Special Cases concerning the Settlement of Traffic Accidents.

On January 22, 2017, at around 00:00, the Defendant driven the said car under the influence of alcohol as set forth in the foregoing paragraph 1, and led to a three-lane road in the front of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, along the three-lane distance from the north-gu office building street, to the new railway path.

At that time, the Defendant followed the G K5 car driven by the victim FF (59) prior to the same direction, and it was difficult for the Defendant to temporarily turn off the length of the vehicle on the road. In such a case, the Defendant had a duty of care to ensure the safety distance by properly examining the situation of the vehicle driven prior to the driving of the vehicle, to accurately operate the steering and steering gear, to regulate the speed in advance, and to prevent the accident prior to the operation of the vehicle.

Nevertheless, the Defendant was negligent by neglecting the remaining under the influence of alcohol, and the part behind the victim's driver's vehicle while driving in slowly was followed by the Defendant's driving vehicle.

Ultimately, the Defendant’s negligence on the part of the above job requires approximately two weeks of treatment to the above victim.

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