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(영문) 서울남부지방법원 2016.05.12 2016고단413
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

Where the defendant does not pay the above fine, he/she shall be 100.

Reasons

Punishment of the crime

[criminal history] On October 24, 2006, the Defendant was issued a summary order of KRW 2 million for a crime of violating road traffic law at the Seoul Western District Court on September 14, 2007, and a summary order of KRW 4 million for the same crime, etc. at the Seoul Eastern District Court on September 14, 2007. On September 4, 2013, the Defendant was sentenced to imprisonment with prison labor for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc.) at the Seoul Central District Court on September 4, 2013, and is still under suspension of execution as the judgment became final and conclusive on February 13, 2014.

[Criminal facts]

1. The Defendant violating the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a passenger car at Cenz S350.

On November 3, 2015, around 19:40 on November 3, 2015, the Defendant driven the said car on the roads of the Yeongdeungpo-gu Seoul Metropolitan Government Line of 314 Yang Pluxan Tue (hereinafter referred to as Yeongdeungpo-gu), and proceeded at about 20 kilometers a speed of 4-lane between four lanes in the direction of the epode in the direction of the epode, while under the influence of alcohol concentration of 0.071% in blood.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle while under the influence of alcohol, and there was a duty of care to check whether it is safe by properly examining the entire course and the left and right of the motor vehicle, and to prevent accidents from occurring.

Nevertheless, the defendant neglected to do so and caused the back of the Echip-car driven by the victim D ( South, 45 years old) due to the negligence of driving the vehicle while under the influence of alcohol by the defendant.

Ultimately, the Defendant inflicted an injury on the victim, such as salt, tension, etc. in need of approximately two weeks’ medical treatment due to occupational negligence.

2. Notwithstanding the fact that the Defendant violated Article 44(1) of the Road Traffic Act twice or more times, the part of the Defendant is located within one kilometer from the 7-lane, Yeongdeungpo-gu, Seoul, to the 314 massed road flow route from the 7-lane, Yeongdeungpo-gu, Seoul at the time of the day indicated in paragraph (1) to the 314 massed road.

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