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(영문) 서울중앙지방법원 2019.11.22 2019고단6854
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

[Criminal Power] On March 30, 2011, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Central District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

1. The Defendant is a person who is engaged in driving a B-cruise vehicle in accordance with the Act on Special Cases concerning the Settlement of Traffic Accidents.

On September 22, 2019, the Defendant driven the said car under the influence of alcohol on September 22, 2019, and proceeded at a speed of about 20km per hour, depending on one lane towards the moving station located in the 210-ro, Dongjak-gu, Seoul.

In such cases, a driver of a vehicle shall not drive the vehicle while normal driving is difficult due to influence of alcohol, and has the duty of care to prevent accidents in advance by safely driving the vehicle, such as making a good report on the traffic situation, accurately operating the steering gear, etc.

Nevertheless, due to the negligence that the Defendant was unable to properly operate the brakes under the influence of alcohol, the Defendant was driven by the victim C (Nam, 37 years old) in front of the same lane in front of the same direction, and was driven by the Defendant as the front part of the car driven by the Defendant.

As a result, the Defendant suffered injury to the above victim by negligence in the course of performing the above duties, such as crypum dump, which requires approximately two weeks medical treatment.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) on September 23, 2019, the Defendant is a considerable reason to recognize that the Defendant driven a while under the influence of drinking, such as drinking and smelling on the Defendant from a slope belonging to the Seoul Mine Police Station, which was dispatched after receiving a report to drive a Category B cruise car from the 3rd floor parking lot located in Yeongdeungpo-gu Seoul Metropolitan Government to the road located in Seoul Gwangjin-gu G, Seoul, at around 45 minutes.

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