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(영문) 서울중앙지방법원 2019.11.28 2019고단4222
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (AFS) provides that the Defendant is a person engaged in driving a motor vehicle with B investment vehicle.

On March 21, 2019, at around 10:27, the Defendant driven the said car while under the influence of alcohol of 0.089% with a blood alcohol concentration of 0.089%, and driven the four-lane of 877 Gangnam-ro, Gangnam-ro, Seoul Special Metropolitan City, along with a two-lane of 877 Ginam-ro, as the city of Seoul Special Metropolitan City, along the GiIC bank, and led to the sudden change in the two-lane.

At the same time, the EMW car of D(55 years old) driving, owned by C Co., Ltd., was in progress, so in such a case, a person engaged in driving of a motor vehicle had a duty of care to safely change the car line while keeping the safety distance.

Nevertheless, under the influence of alcohol, the Defendant neglected this and did not look at the right and the right and the right and the left-hand side of the victim's driver's car and received the left-hand side of the driver's car.

Ultimately, the Defendant, by occupational negligence, did not immediately stop and take necessary measures while destroying the BMW car owned by the victimized Company C to cover KRW 16,453,329 at the repairing cost.

2. On March 21, 2019, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving a car with the above low alcohol content of 0.089% while under the influence of alcohol on March 10:39, 2019, and paid the traffic accident as referred to in paragraph (1), and driving a two-lanes in the section of the POIC F (39 years old) drive a Gpoter freight in the front direction of the Defendant’s driving car.

Then, on March 21, 2019, the Defendant entered the above 10:41 as of March 21, 2019, and proceeded four lanes from the south west west west west west west west west west west, along the four lanes from the west west west west west west west west west west west. The Defendant driven the victim H(W, 28 years old) I driver's vehicle.

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