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(영문) 인천지방법원 부천지원 2020.01.08 2019고단2696
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

On April 11, 2018, the Defendant was issued a summary order of KRW 1.5 million by Seoul Southern District Court due to a violation of the Road Traffic Act.

1. The Defendant is a person who is engaged in driving service of BK3 cars in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On June 12, 2019, at around 22:55, the Defendant driven the said car with a blood alcohol concentration of 0.155%, and led to the left-hand turn-hand turn-hand of the two-lanes in the vicinity of the identity siren, in the two-lanes of Kimpo-si, the two-lanes of which are located in Kimpo-si, Kimpo-si.

Since there is an intersection where a signal apparatus is installed, there was a duty of care to safely drive the driver according to the signals by reducing speed and checking the right and the right of the driver.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim D(50 years of age) who was under way due to the negligence of failing to make a left-hand turn in contravention of the signal, and was driven by the victim D(50 years of age) who was under way in accordance with the new code, and received the left-hand part of the car in front of the car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above.

2. Violation of the Road Traffic Act;

A. The Defendant driven B K3 vehicle under the influence of alcohol level of about 4 km from the 4km section to the place specified in paragraph 1 on the roads in the long-term Dong Kimpo-si, Kimpo-si.

B. Around 00:40 on June 13, 2019, the Defendant driven a B K3 car with a blood alcohol content of about 0.090% under the influence of alcohol at approximately 300 meters from the place specified in paragraph (1) to the roads near Kimpo-si Gdong.

Accordingly, the defendant is again a person who has violated the Road Traffic Act not less than twice.

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