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(영문) 서울중앙지방법원 2013.07.05 2013고단2326
교통사고처리특례법위반등
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. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a motor vehicle in the DNA.

On April 3, 2013, at around 06:50, the Defendant driven the above vehicle while under the influence of alcohol of 0.092% with blood alcohol concentration of 0.092%, and proceeded at the speed of 5 lanes in front of the Seocho-gu Seoul Metropolitan Government Seocho-gu, Seocho-gu, Seoul, toward the side of the Seoul Sungsung Hospital History Distance on the art transition.

Since there is an intersection where a signal, etc. is installed, a person engaged in driving of a passenger vehicle has a duty of care to properly see the signal, etc. and to prevent the accident in advance by driving safely in accordance with the signals.

Nevertheless, even though the Defendant neglected his/her duty and the vehicle signal was changed to yellow signal, he/she was negligent in proceeding in violation of the signal, and was found to have the right side after driving FK7 car of the victim E (the age of 35) who was normally left at the opposite lane due to the signal, and then received the front part of the Defendant’s vehicle.

Ultimately, the Defendant was aware of the injury to the victim G (the 52-year-old) who was a passenger with the above victim due to the occupational negligence as seen above, that the Defendant was aware of the fluor’s salt, urine, and fluor’s salt, etc.

2. On April 3, 2007, the Defendant was sentenced to a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the Seoul Central District Court of Seoul, and on August 9, 2007, the Defendant was sentenced to a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court of Seoul, which was sentenced to a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving) and on June 17, 2009 at the Seoul Central District Court of Seoul, which was sentenced to 6 months of imprisonment and a suspended sentence of one year.

The defendant is at the place where the accident described in the above paragraph (1) is located in the general restaurant where it is impossible to know the trade name in Gangnam-gu, Seoul.

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