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(영문) 서울북부지방법원 2020.02.06 2019고단5229
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

On April 1, 2010, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on April 1, 2010, and was issued a summary order of 3.5 million won by the Seoul Central District Court on August 20, 2010.

1. Around 20:02 on October 29, 2019, the Defendant was driving a C-hurd vehicle under the influence of alcohol of 0.058% in the section of about 10km from the mutual influent restaurant located in the Shindong-dong of the Government-si to the roads in Seoul Special Metropolitan City Nowon-gu.

Accordingly, the defendant violated the prohibition clause of drinking driving more than twice.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a motor vehicle with C Amo-lur.

On October 29, 2019, around 20:02, the Defendant was driving at a speed of about 30 km in the speed of about 20 km in front of the D Apartment in Seoul Special Metropolitan City, Nowon-gu, along one lane, to turn to the left at the right direction of the Emiddle School in the direction of the last direction.

At the time, there was a center line at the night and at the front place, so the driver had a duty of care to live well in the front line and to safely operate the car line.

Nevertheless, as seen above, the Defendant was negligent in neglecting the duty of care on the front side while leaving a mobile phone harming a car while under the influence of alcohol and neglected to do so, and the victim F (W, 42 years old) who was in the signal atmosphere in the opposite direction of the Defendant was driven by the Defendant’s vehicle left ahead of the Defendant’s car.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim F in need of approximately two weeks of medical treatment, such as salt panion in the part requiring medical treatment, and the victim H (V, the passenger of the said Audidi vehicle) who suffered about two weeks of medical treatment, including salt panion in the part requiring medical treatment.

Summary of Evidence

1. The defendant's oral statement;

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