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(영문) 서울중앙지방법원 2013.07.19 2013고단2855
교통사고처리특례법위반등
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. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaged in driving a B-to-pur vehicle.

On May 13, 2013, the Defendant, while under the influence of alcohol around 23:00, proceeded with two lanes in front of the upper-do apartment complex in the upper-do 430, Dong-dong, Dongjak-gu, Seoul Metropolitan Government, at the upper-do 430-dong, at the upper-do 40km from the upper-do gate of the Central University.

At the time, it was night and place so far, and the defendant was parked in two lanes ahead of the same direction for the driving of the vehicle, so the defendant engaged in driving of the vehicle has a duty of care to safely drive the vehicle and prevent the accident in advance by safely driving it, such as keeping the front left and right well, properly operating the steering gear of the vehicle, reducing the speed, etc.

Nevertheless, while under the influence of alcohol, the Defendant was negligent in neglecting the power of the steering gear to excessively manipulate the steering gear to the right side, and was negligent in operating the steering gear to the right side, and the back part of the motor vehicle parked as above is considered to be the front part of the motor vehicle driven by the Defendant, and due to its shock, the said motor vehicle was pushed down in the future and stopped in the future, the victim D(44 years old) Epiced part of the motor vehicle driven by the Defendant.

Ultimately, the Defendant suffered from the injury of the victim F (the age 21) who was aboard the said D and the said vehicle due to the above occupational negligence, respectively, for about two weeks of medical treatment.

2. On May 13, 2013, the Defendant violated the Road Traffic Act (refluence of the measurement) has reasonable grounds to recognize that the Defendant driven a vehicle under the influence of alcohol, such as drinking, smelling, snick G from an slope G belonging to the Seoul Dongjak Police Station, which was dispatched to the site to handle traffic accidents, such as the former paragraph at around 23:35 on May 13, 2013.

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