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(영문) 서울서부지방법원 2019.05.09 2019고단267
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six 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 engaged in the operation of B rocketing sirens car.

On December 29, 2018, the Defendant was under the influence of alcohol on 0.111% of blood alcohol level around 18:04, and the Defendant was driving the said rocketing car at a speed that would not be known by two-lanes of the three-lane roads in front of Eunpyeong-gu Seoul Metropolitan Government from the Gusan Station.

At night, the victim D(the age of 53) is driving at the front of the night, and in such a case, the driver had a duty of care to prevent accidents in advance by properly operating the brake system and safely operating it.

Nevertheless, the Defendant neglected to do so and proceeded with the above low-est car, which was followed by the Defendant’s negligence, and received the top part of the said high-est car as the front part of the rocketing car.

Ultimately, the Defendant suffered injury to the victim, such as salt ties, tensions, etc. in need of approximately one week medical treatment by occupational negligence as above.

2. On January 31, 201, the Defendant issued a summary order of KRW 2 million at the Seoul Western District Court to a fine of KRW 3 million for a violation of the Road Traffic Act, and on May 30, 2017, at the Seoul Western District Court, a fine of KRW 4 million for a violation of the Road Traffic Act.

On December 29, 2018, the Defendant was under the influence of 0.111% of blood alcohol concentration around 18:04 on December 29, 2018, the Defendant driven the rocketing car described in paragraph (1) from approximately 2 km to the roads near the Eunpyeong-gu Seoul Metropolitan Government to the same Gu roads.

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

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

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