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(영문) 서울서부지방법원 2017.06.29 2017고단1188
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six 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 engaging in driving service of B automobiles in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On February 11, 2017, the Defendant driven the said car under the influence of alcohol content of 0.093% among blood transfusion around 01:00, and led the Defendant to make a right-way of the said car at the speed of about 10km of speed 183 as Seoul Mapo-do 4-lane, on the road for one-way forest path in the border.

In this case, the driver of the motor vehicle has a duty of care to properly operate the steering gear and brake system for the driver of the motor vehicle and to prevent the accident by driving the motor vehicle in accordance with the direction of the traffic on the right side and the right side according to the direction of the one-way road.

Nevertheless, the Defendant neglected this and failed to properly operate steering gear and brakes under the influence of alcohol, and proceeded in the opposite direction to the traffic direction set by the above one-way road, and discovered the victim C(52 tax) who drives three lanes in the same direction by entering the road in Mapo-gu Seoul Metropolitan 183-ro, Mapo-gu, Seoul, at a late time, and received the front part of the said vehicle as the front part of the said vehicle.

Ultimately, the Defendant suffered injury to the victim, such as finite finites, in need of approximately two weeks of medical treatment, due to such occupational negligence.

2. On September 13, 2007, the Defendant issued a summary order of KRW 700,000,000 as a crime of violating the Road Traffic Act (drinking driving) at a high-level district court of the Jung-gu Seoul District Court on September 13, 2007, and on February 21, 2008, the Seoul Central District Court issued a summary order of KRW 2,00,000 as a crime of violating the Road Traffic Act (drinking driving).

The Defendant driven the said car under the influence of alcohol content of about 0.093% from the Do to the road specified in paragraph (1) from the Do in front of “F food in Mapo-gu Seoul Metropolitan Government” around the day set forth in paragraph (1).

Summary of Evidence

1. The defendant's oral statement;

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