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(영문) 수원지방법원 2014.08.14 2014고단2449
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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

On July 7, 2009, the Defendant was issued a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Seoul Southern District Court, and a summary order of 4 million won by a fine at the Seoul Central District Court on February 11, 2014, respectively.

1. The Defendant is a person engaging in driving a Brane car.

On February 15, 2014, the Defendant driven the said car at a rate of 0.098% with a blood alcohol concentration around 01:20%, and driven the said car at a rate of about 80km in Seoul, according to three lanes in the direction of Seoul.

At night, the Defendant is at night, and the victim C (the age of 37) drives ahead of the same direction, and thus, the person engaging in driving business of a motor vehicle is not allowed to drive the motor vehicle under the influence of alcohol, and there was a duty of care to prevent accidents in advance by driving the bus in a safe way by safely examining the situation of the bus.

Nevertheless, it is difficult to see that the bus was driven at the same speed due to the negligence of driving without neglecting it due to the influence of alcohol, while driving at the same time, the back part of the bus was received as the front part of the passenger car.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as finite finites in need of treatment for about two weeks.

2. As above, the Defendant, who violated Article 44(1) of the Road Traffic Act more than twice, driven a franchising car in the state of under the influence of alcohol by 0.098% from the Do in front of the “Tsung Heavy Industries” located in the 448-28 Dong-dong-dong-dong, 15 February 15, 2014 up to the 396km point in the 196km-dong Gyeongdong-dong, Chungcheongnam-si, 25 meters away from the Do in front of the “Ssung Heavy Heavy Industries,” around 00:30,000.

Summary of Evidence

1. Defendant's legal statement;

1. C.

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