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(영문) 서울남부지방법원 2020.11.11 2020고단3972
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 became final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a B motorcycle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

On June 19, 2020, the Defendant driven the above motorcycle on June 14, 2020, and tried to drive the road of one lane in front of Incheon Strengthening Group C from the surface of the commercial public playground to the intersection of the grassland.

At this point, there is a one-lane road in which the center line of yellow solid lines is installed. In such a case, there was a duty of care to safely drive a person engaged in driving service, such as a motor vehicle, by keeping the front line well and by accurately operating the steering and brakes in accordance with the traffic conditions.

Nevertheless, the Defendant neglected to do so and flag a road under the influence of alcohol.

On the other hand, the part of the left-hand side of the rocketing motor vehicle driven by D(54 years old), which was directly driven by D(54 years old) in the same direction as the course of the course of the collisioning the central line, was taken into consideration as the front-hand side of the said motorcycle, and the part of the Geren-motor vehicle driven by the victim F(40 years old) who was in front of the driving seat of the said motorcycle-low motor vehicle, while going beyond the center and going beyond the opposite lane, was kept in front of the said motorcycle.

Ultimately, the Defendant suffered, by such occupational negligence, injury to the victim F of the above victim, such as estimated signboards that need to be treated for about three weeks, and other injury such as light signboards and signboards that need to be treated for about three weeks to the victim H (V, 66 years of age).

2. On September 16, 2014, the Defendant driving a B motorcycle under the influence of alcohol with a blood alcohol concentration of 0.088% at the place specified in the foregoing paragraph (1) around June 14, 2020, in spite of the record of the same crime, such as receiving a fine of 700,000 won by committing a violation of the Road Traffic Act (driving) at the Seoul Southern District Court (Seoul Southern District Court).

Summary of Evidence

1. The defendant;

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