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(영문) 서울남부지방법원 2019.07.09 2019고단2374
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person driving B Cor or a car.

At around 03:00 on October 08, 2019, the Defendant, alone, driven the said car on the front road of Yangcheon-gu Seoul Metropolitan Government, and without obtaining a driver’s license, proceeded at a speed of the unsured one of three lanes in the direction of the Sari Hospital shooting distance, while under the influence of alcohol concentration of 0.114%, while driving the said car on the front road of Yangcheon-gu Seoul Metropolitan Government.

In such cases, the driver of a motor vehicle, etc. has a duty of care to prevent traffic accidents in advance, such as the operation of steering gear system according to the performance of the motor vehicle while driving the motor vehicle safely in accordance with the direction of the driver while driving the motor vehicle, etc. closely and in accordance with the direction of the driver.

Nevertheless, the Defendant neglected this and caused the part of the damaged vehicle E, which was driven by the signal to the right side from the left side of the direction of the vehicle in question when the Defendant violated and proceeded with the intersection signal at the point of accident, to the front side of the vehicle of the Defendant.

The Defendant caused the injury to the F (55 years of age) of the victimized vehicle driver by occupational negligence, such as salt ties, tensions, etc. requiring approximately three weeks of medical treatment.

2. Violation of the Road Traffic Act (Operation without License) and the Road Traffic Act (Operation without License) were operated by the Defendant on the said temporary basis at a distance of about 3 km from the roads front of the New Month of Yangcheon-gu Seoul Metropolitan Government to the roads front of D in Yangcheon-gu Seoul Metropolitan City, Yangcheon-gu, to the roads in front of the new branch of the Dong-gu Seoul Metropolitan Government, with a blood alcohol concentration of about 0.114% without a

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents (1,2);

1. Notification of the results of the drinking driving control, the ledger of driver's licenses, and the application of Acts and subordinate statutes;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts;

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