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(영문) 서울서부지방법원 2020.02.13 2019고단3035 (1)
교통사고처리특례법위반(치상)등
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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 B automobiles;

At around 03:00 on March 24, 2019, the Defendant, while under the influence of alcohol at 0.098% of blood alcohol level, led to the bypassing the roads located in 9-1, Mapo-gu, Seoul, Mapo-gu, World Cup, to the direction of the red-entry distance from the direction of the intersection.

At the time, at night, and on the road on which the defendant intends to enter bypass, the victim C (the age of 58) stops in order to get a customer, so in such a case, the driver of the motor vehicle has a duty of care to look at the front and rear left well, accurately operate the steering gear and the operation of the steering gear.

Nevertheless, the Defendant, while under the influence of alcohol, neglected the above duty of care and neglected the above duty of care, received the back part of the taxi driven by the victim due to the front driver of the car driven by the Defendant by negligence before the right-hand.

As a result, the Defendant suffered injury to the victim C, such as salt dynas, tensions, etc., which requires approximately two weeks of medical treatment by occupational negligence as above, and at the same time, the Defendant suffered injury to the victim E (the aged 50) who was boarding the said taxi as a guest, such as fynas, and fynas, requiring approximately three weeks of medical treatment.

2. A violation of the Road Traffic Act (driving) was driven by the Defendant under the influence of alcohol with approximately 500 meters in a 0.098% alcohol concentration on the roads located in the Dongwon-dong, Mapo-gu, Seoul and the roads located in the 9-1nd World Cup-ro, Mapo-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and F;

1. The investigation report on the actual condition of a traffic accident, the report on the circumstantial statement of a driving driver, the confirmation of each investigation report vehicle, the confirmation of the accident site photograph, the submission of a medical certificate by the victim C, and the diagnosis certificate by the victim E;

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