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(영문) 서울남부지방법원 2019.02.14 2018고단6152
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 20, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a B-to-pur vehicle with blood alcohol concentration of 0.090% under the influence of alcohol level on September 18, 2018, and operated four lanes prior to the Yeongdeungpo-gu National Assembly, Yeongdeungpo-gu National Assembly, Yeongdeungpo-gu, Seoul, about 608 Yeongdeungpo Police Station, along the two-lanes from the boundary of the office space of Yeongdeungpo-gu National Assembly to about 10km each hour.

At the time, many vehicles were stopped due to the stop signal at night, so in such cases, the driver of the vehicle had a duty of care to prevent accidents in advance by properly manipulating the brake system while living well in the front door.

Nevertheless, the Defendant, while neglecting the above duty of care, proceeds from the negligence that was unable to properly operate the brake system under the influence of alcohol, and was driven by the victim C(30 years of age) who stops in the atmosphere of signal in the front bank as part of the front-hand part of the car with the above Abdoz.

Ultimately, the Defendant suffered, by negligence in the course of business, the injury to the victim C, such as salt, tensions, etc. of the scambling that requires treatment for about two weeks, and the injury to the victim E (V, 32 years old) who was aboard the victim’s vehicle at the time, such as salt, tensions, etc. of the scambling species that require treatment for about two weeks.

2. From September 17:00 on September 20, 2018, the Defendant driven the said Aburged car with approximately KRW 25 km alcohol concentration of 0.090% while under the influence of alcohol level of around 18:50 on the same day from the front of a restaurant near Seo-gu Incheon, Seo-gu Incheon, Incheon, to the front road of 608, the National Assembly.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of each traffic accident in C and E;

1. A traffic accident report;

1. On-site photographs, blackbox images, CDs;

1. Notification of the result of crackdown on drinking driving;

1. Each written diagnosis shall be subject to the law.

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