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(영문) 서울중앙지방법원 2020.09.10 2020고단3629
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

[criminal power] On February 3, 2009, the Defendant was issued a summary order of KRW 2.5 million with a fine for a violation of the Road Traffic Act at the Jung-gu District Court on February 3, 2009, and a summary order of KRW 5 million with a fine for a violation of the Road Traffic Act at the Ansan District Court on November 6, 2015.

【Criminal Facts】

1. Around 08:50 on May 3, 2020, the Defendant driven a Dsch Rexroth vehicle under the influence of alcohol concentration of about 8km from May 3, 202 to the front road of Dongjak-gu Seoul Metropolitan Government, while under the influence of alcohol concentration of 0.049%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in the business of driving Dsch Rexroth vehicles.

On May 3, 2020, the Defendant driven the above vehicle while under the influence of alcohol, such as the preceding paragraph of 08:50 on May 3, 2020, and driven the front of Dongjak-gu Seoul Metropolitan Government C along the two-lanes of the two-lanes of the two-lanes from the front of the Bora Park in the Bora Park.

At that time, there was a place where vehicle traffic is frequent, and there was a intersection in front of the direction, so the Defendant, who is engaged in driving a motor vehicle, has a duty of care to safely drive the motor vehicle, such as checking the front, rear and left well, and accurately operating the steering gear and brake system, and prevent the accident in advance.

Nevertheless, the Defendant neglected his duty of care and neglected to do so, and neglected to do so, and neglected to do so, and received the part of the back of the victim E (the 68 years old, south) who stopped pursuant to the Marinnmark, as the front part of the Defendant’s vehicle.

Ultimately, the Defendant’s injury to the victim E by occupational negligence that requires approximately two weeks of medical treatment, such as salt ties and tensions, and the victim G (the 88 years of age and women) of the victimized vehicle requires approximately three weeks of medical treatment.

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