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(영문) 서울동부지방법원 2019.05.22 2019고단867
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six 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 is a person who is engaged in driving a Bsch Rexton sports cargo vehicle.

On March 10, 2019, the Defendant was driving the above cargo vehicle around 19:00, and was proceeding with a single-lane road near Songpa-gu Seoul Metropolitan City as a macroscopic superscopic slope.

At the time, the center line of the yellow domin line is installed at night and there is a place where the yellow domin line is installed. In such a case, even if a person engaged in driving of a motor vehicle drives beyond the center line due to unavoidable circumstances, he/she has a duty of care to prevent accidents in advance by safely driving the motor vehicle by safely driving it, such as keeping the traffic situation before, after, after, and after the passage of the center.

Nevertheless, the Defendant neglected the above duty of care and was driven by the victim D (the aged 74) who was driving in the opposite direction of the Defendant by neglecting the central line while under the influence of 0.105% of alcohol concentration in blood, and neglecting the said duty of care and driving the bicycle driven by the victim D (the aged 74) who was driving in the opposite direction.

Ultimately, the Defendant suffered injury to a victim due to the above occupational negligence by causing the victim to suffer injury, such as brain, which does not have two or more wifes in need of open medical treatment for about four weeks.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, the Defendant driven a Bsch Rexton sports cargo vehicle at approximately 500 meters away from the area near Songpa-gu Seoul Metropolitan City, to the place where the said accident occurred, as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of D traffic accidents;

1. Application of Acts and subordinate statutes to a traffic accident investigation report, a drinking record book, and a report on detection of a drinking driver;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Criminal Act concerning criminal facts;

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