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(영문) 서울중앙지방법원 2018.06.14 2018고단2568
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 27, 2015, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on May 27, 2015, and on April 22, 2016, a summary order of KRW 6 million for the same crime, etc.

The Defendant is a person engaging in driving a benz car.

1. Around 07:40 on March 18, 2018, the Defendant driven the said vehicle under the influence of alcohol content of 0.064% from the 3km section of blood alcohol, from the road near Yongsan-gu Seoul Metropolitan Government, to the road located in the south of the 137 Seocho-gu New Distribution, Seocho-gu, Seoul.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) as a person who violated Article 44(1) more than twice.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said car under the influence of alcohol content of 0.064% in blood around March 18, 2018, while driving the said car at a speed that would not be known to the high speed terminal from the direction of distribution to the high speed terminal in the south of the 137 half parallel parallel by distribution of Seocho-gu Seoul, Seocho-gu.

At the same time, there was a road connected to the Olympic Games, so in such a case, a person engaged in driving a motor vehicle has a duty of care to see the front side and the left side and to accurately operate the steering direction and operation system of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of the Defendant’s negligence, and was under the influence of the Defendant’s negligence in excess of the chemical frame set up at the three-lanes, and was under the influence of the Defendant’s driving of the victim C(44 S) driving to the high speed terminal as of the Olympic Games, and received the part near the driver’s seat of the Defendant’s car.

Ultimately, the Defendant’s occupational negligence resulted from the Defendant’s salt, tension, etc. in need of approximately two weeks of treatment.

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