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(영문) 서울남부지방법원 2018.01.25 2017고단5038
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

1. On June 20, 2007, the Defendant was issued a summary order of KRW 500,000,000,000 as a fine for a violation of Road Traffic Act (driving) with the monthly support of the Chuncheon District Court, as well as a summary order of KRW 1.5 million on July 16, 2009 with the Seoul Northern District Court for the same crime.

On August 28, 2017, the Defendant driven D Poter cargo vehicles with alcohol content of 0.155% in blood from around the 2km section from around the 2km road in Guro-gu Seoul Western to the road near the criminal gambling tunnel.

As a result, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven the above cargo while under the influence of alcohol.

2. The Defendant is a person who is engaged in driving a DPoter cargo vehicle.

On August 28, 2017, the Defendant driven the foregoing cargo while under the influence of alcohol 0.155% during blood transfusions, and led to the rapid speed of the Defendant, depending on the one-lanes of the four-lanes near the criminal gambling tunnel, which is located on the Seocheon-gu Seoul Coast, along the other four-lanes near the criminal gambling tunnel.

In this case, there was a duty of care to drive safely the driver of the motor vehicle through thorough operation of the front-time vision and accurate operation of the steering and steering devices.

Nevertheless, the Defendant is under the influence of liquor and neglected to proceed as is while finding out the F Poter Cargo Vehicles of the Victim E (Seoul, 72 years old) who was under the influence of signal at the front, operated the brake, but did not avoid any collision, and due to negligence, the Victim E is under the influence of the Defendant’s cargo vehicle, and due to the shock, the Victim E is under the influence of the Defendant’s cargo vehicle at the front of the Defendant’s freight vehicle, and the Victim E is under the influence of the Victim G (W, 27 years old) driving of the Victim G(W) where the Victim E is under the influence of the vehicle, and the Victim G E is under the influence of the vehicle at the front of that vehicle.

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