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(영문) 서울서부지방법원 2018.11.22 2018고단3180
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B SP car.

1. On July 11, 2008, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking) at the source of a water source method on July 11, 2008, and on December 3, 2010, the same court issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking) at the same time.

On August 3, 2018, the Defendant driven a motor vehicle with alcohol level of 0.081% at the section of about 50km from the 199 dried water parking lot to the 288-ro, Mapo-gu, Seoul, Mapo-gu, the Defendant driven the motor vehicle under the influence of alcohol level of 0.081% from the 50km-ro to the 288-ro.

2. On August 3, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said SPP car with alcohol concentration of 0.081% at around 00:20,00, while under the influence of alcohol during blood, and, at the same time, the Defendant driven the said SPP car at a 0.081% at a 288-lane in Mapo-gu Seoul Metropolitan Government Self-Governing Zone, with the roads in front of the 288-lane in front of the public morals at the seat of the Han River basin.

In such cases, a person engaged in driving duties of a motor vehicle has a duty of care to care in advance by accurately manipulating the steering gear and brakes and to prevent accidents.

Nevertheless, the Defendant neglected to do so and proceeded under the influence of alcohol as set forth in paragraph 1, and neglected to do so, the part of the victim C ( South, 28 years old) who was standing on the side at the front side of the said SP car at the front side of the said SP car, which was the lower part of the left-hand part of the SPP car, which was driven by the victim C ( South, 28 years old) who was driving on the side.

Ultimately, the Defendant suffered, by such occupational negligence, injury to the victim C, such as salt ties, tensions, etc. in need of around three weeks’ medical treatment due to cryp tensions, tensions, etc., and injury to the victim E (the remaining, 28 years old) who took advantage of the said cryp turf patrol vehicle, such as salt ties, tensions, etc. requiring approximately two weeks’ medical treatment.

Summary of Evidence

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