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(영문) 서울동부지방법원 2020.09.23 2020고단1999
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) is a person engaged in driving Bursatom car.

On February 14, 2020, the Defendant driven the above car at around 19:50, and proceeded along two lanes in the direction of locking away from the boundary of Gwangjin-gu, Seoul as Songpa-gu, Seoul.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by driving a motor vehicle with safety, such as reporting the traffic situation well and accurately manipulating the steering system, brakes, etc. of the motor vehicle.

Nevertheless, the Defendant neglected to do so and neglected to drive at the front of the vehicle while under the influence of alcohol, and went to a collision with the part of the victim C (ma, 65 years old) driving that was at the front of the said vehicle.

As a result, the Defendant suffered, by negligence in the above business, the injury to the above victim C, such as light salt in need of treatment for about two weeks, and the injury to E (Nam, 80 years old) who is the passenger of the above damaged passenger car, such as light dump, tension, etc. in need of treatment for about two weeks.

2. Around 19:50 on February 14, 2020, the Defendant driven a vehicle with a blood alcohol level of at least 0.154% at the section of about 2km from the front of the Seoul Gwangjin-gu Seoul Special Metropolitan City F to the front of the Jam-gu Seoul Songpa-gu Seoul Metropolitan City Jambrodo 567, as it is about the fourth-lane.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to vehicles, such as the actual condition survey report, the report on the actual condition of a drinking driver, the report on the actual condition of a drinking driver, each medical certificate on blood alcohol, and the medical certificate on blood alcohol;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) and proviso of Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, and the punishment of imprisonment without prison labor;

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