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(영문) 서울남부지방법원 2017.09.14 2017고단3653
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. The defendant is a person who is engaged in driving of Bsch Rexroth vehicles.

On April 30, 2017, the Defendant driven the road of three-lanes in front of Guro-gu Seoul Metropolitan Government, with alcohol concentration of 0.123% in blood, and opened the said vehicle at a speed of about 10km per hour from the 1st century along two lanes.

In such a case, the driver has a duty of care to live well the right and the right and the right and the right and the right and the right and the right and the right and the right and the right of operation.

Nevertheless, due to the negligence that the Defendant was unable to properly operate the steering and steering devices under the influence of alcohol, the Defendant was negligent in driving the victim D (e.g., 54 years old) who was driving in the same lane in front of the Defendant, and received the part behind the E-observer in front of the Defendant.

Ultimately, the Defendant suffered injury to the victim by occupational negligence during the two-day period of medical treatment, such as salt and tension.

2. On April 6, 2010, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court in Seoul Southern District Court. On September 8, 2015, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving).

On April 30, 2017, around 21:10, the Defendant driven Bsch Rexton vehicles in the state of alcohol concentration of about 0.123% from the 2km section from the front of the Newdong, Yangcheon-gu, Seoul to the front road of Guro-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report (1) (2), a statement report on the circumstances of the driver at home, a report on the detection of the driver at home, a result of drinking, a traffic accident measurement, a vehicle photograph, a black stuff image, and photographs, diagnostic documents, and an investigation report (the application of the above dmark formula to the suspect's drinking value);

1. A previous conviction in judgment:

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