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(영문) 서울북부지방법원 2020.08.27 2020고단1437
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

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On March 21, 2020, the Defendant driven the above cargo while under the influence of alcohol of 0.065% with blood alcohol concentration on 12:44 March 21, 2020, and led to the road of 4 lanes in front of the Jung-gu Seoul Metropolitan Government along the same two-lanes from the intersection of the market intersection to the same intersection of the underground intersection.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents in advance by accurately operating the steering and steering gear, and operating the steering and operating system accurately.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving while driving the vehicle, and the part of the back part of the victim D (Nam, 32 years old) E 5-car, which was parked in the front direction of the Defendant’s driving, was driven in front of the cargo vehicle of the Defendant.

Ultimately, the Defendant suffered injury to the above victim and the victim F (the age of 27) who was on board the said passenger car due to the above occupational negligence, for approximately two weeks of medical treatment, such as brain-dead sugar in which there is no open room for treatment.

2. On December 3, 2008, the Defendant was notified of a summary order of a fine of KRW 2.5 million by the Seoul Northern District Court as a crime of violating the Road Traffic Act.

On March 21, 2020, around 12:44, the Defendant driven B 2 cargo vehicles under the influence of alcohol content of about 0.065% from the 1km section from Dongdaemun-gu Seoul Metropolitan Government to H, Dongdaemun-gu, Seoul Metropolitan Government.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of each traffic accident by D or F, making a report on the traffic accident, making an investigation into the actual condition of the accident, making an investigation into the results of the drinking driving control;

1. Each medical certificate;

1. Written estimate;

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