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(영문) 서울중앙지방법원 2017.10.18 2017고단5905
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

1. Around 02:20 on August 13, 2017, the Defendant driven a car with approximately 25m alcohol e350 meters at around the front of a “C” club located in Gangnam-gu Seoul Metropolitan Government, with alcohol content of about 0.097% in blood.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the Defendant is a person engaging in driving a car at Dbenz E350.

On August 13, 2017, at around 02:20, the Defendant driven the said car while under the influence of alcohol, and stopped the front road of the “C” club located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu with approximately 15 meters away from the historical distance room of the school year to the shooting distance of the speech station.

Since there is a tent length, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the transmission devices and brakes in the event of a fixed vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in operating a motor vehicle under the influence of alcohol to drive the motor vehicle under the speed of the driver, and followed the motor vehicle to drive the motor vehicle under the speed of the driver, and followed the speed of the motor vehicle under the speed of 10 meters at a rapid speed from the surface of the academic East history distance to the right side of the motor vehicle under the direction of the victim E (42 years) who was standing on the right side of the motor vehicle under the influence of alcohol, and followed the 10-meter speed of the motor vehicle under the direction of the driving of the motor vehicle under the direction of the victim G (50 years) who was standing on the right side of the motor vehicle under the left side of the defendant, and received the driving of the motor vehicle under the direction of the victim G (50 years) who was standing on the right side of the motor vehicle under the influence of the defendant.

As a result, the Defendant suffered injury to the victims, such as salt and tension, which requires approximately two weeks of medical treatment due to occupational negligence, and at the same time, the amount equivalent to KRW 3,44,912 of the cost of repairing the said taxi owned by the victim E is equal to KRW 3,76,431.

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