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(영문) 서울서부지방법원 2020.08.13 2020고단1503
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On March 6, 2014, the Defendant issued, at the Seoul Western District Court, a summary order of KRW 3 million for the crime of violation of the Road Traffic Act (driving). On August 25, 2014, a summary order of KRW 2.5 million for the same crime in the same court on August 25, 2014, and a summary order of KRW 5 million for the same crime in the same court on February 27, 2017.

【Criminal Facts】

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaged in driving a motor vehicle with B A-Wurd-

On April 10, 2020, the Defendant driven the said car under the influence of alcohol of 0.08% with blood alcohol concentration of 01:22%, and led the D front-down road in Eunpyeong-gu Seoul Metropolitan Government to proceed to the front side road at the seat of the Dong-dong community service center located in Eunpyeong-gu, Seoul.

At the time, it is night and a backway, and in such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brake system by reducing speed and properly examining the right and the right of the driver of the motor vehicle.

Nevertheless, the Defendant neglected this and was driven by the victim E (the 40-year-old) who was driving by the victim E (the 40-year-old) to the Defendant on the opposite part due to the negligence in which he was under the influence of alcohol, and received the front portion of the two-wheeled vehicle as the front part of the left-hand part of the said vehicle.

Ultimately, the Defendant suffered from the victim’s loss of sacrificing and sacrificing that require two weeks of treatment by occupational negligence as above.

2. The Defendant violated the Road Traffic Act (driving a sound driving) at the time and time set forth in the preceding paragraph, the Defendant driven a B-hurd vehicle with a blood alcohol concentration of about 0.08% under the influence of alcohol at approximately 300 meters from the section of approximately 300 meters to the front side of D in the same Gu C.

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

Summary of Evidence

1. Defendant's legal statement;

1. E;

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