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(영문) 서울동부지방법원 2020.04.20 2019고단4113
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

On October 27, 2008, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the Seoul Central District Court.

1. The defendant is a person who is engaged in driving a vehicle B as freight in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

On November 11, 2019, the Defendant driven the above vehicle while under the influence of alcohol 0.126% of blood alcohol level around 23:30 on November 11, 2019, and driven the three-lane road in Songpa-gu Seoul Metropolitan Government along the two-lanes from the distance of the locked Private Teaching Institutes to the tin-water level.

At the time, the victim D(36 years old) EWts were stopped in the signal atmosphere at the front of the vehicle driving direction of the defendant, so there was a duty of care to prevent accidents in advance by viewing the front door properly to the person engaged in driving of the motor vehicle, accurately manipulating the steering gear, etc. and safely driving the steering system.

Nevertheless, under the influence of alcohol, the Defendant did not neglect the front door and did not show the front door properly, and caused the victim D's vehicle stopped due to the negligence of driving the said vehicle as it is.

The Defendant, by such occupational negligence, suffered injury to the victim D, such as salt d, for about two weeks of need for medical treatment, and injury to the victim FF (38 years of age) who was on board the victim D’s car, for approximately two weeks of need for medical treatment, and injury to the victim G (29 years of age) who was on board the same car, for about two weeks of need for medical treatment.

2. Around November 23, 2019, the Defendant violated the Road Traffic Act (driving) provisions on the prohibition of drinking under the influence of alcohol twice or more by driving a Rab freight vehicle B while under the influence of alcohol with approximately 500 meters alcohol concentration of about 0.126% from the road near the Songpa-gu Seoul H market to the road specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. D. D.

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