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(영문) 서울북부지방법원 2020.06.23 2020고단499
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 who is engaged in driving a B car.

On November 8, 2019, at around 20:30, the Defendant was under the influence of alcohol with 0.113% of blood alcohol concentration 0.13%, and the Defendant got straight along the two-lanes from the direction of the turgical distance to the turg parallel of Hancheon-ro 101-ro 18, Gangnam-gu, Seoul.

In this case, the driver of the vehicle had a duty of care to prevent the accident by safely driving according to the traffic signal, and to prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant received the front part of the victim C(Nam, 33 years old) driving car, which was left left to the forest of the Seoul Blue House from the direction of the tin system where the vehicle is driven by negligence, disregarding that the vehicle driving signal is a red light, and due to the negligence, the Defendant received the front part of the car of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to such occupational negligence.

2. On April 1, 2010, the Defendant was issued a summary order of KRW 2.5 million by the Seoul Western District Court as a crime of violating the Road Traffic Act.

The Defendant driven a BF car under the influence of alcohol concentration of approximately 0.113% from the 4km section to the intersection specified in paragraph (1) on the road near the 4.19 shooting distance located in Gangnam-gu Seoul Metropolitan Government to the front road.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. CWritten statement on the occurrence of a traffic accident;

1. A medical certificate;

1. A traffic accident report, a report on the scene of the accident, a photograph of the scene of the accident, and a video CD of the damaged vehicle;

1. Exemplary drivers;

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