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(영문) 의정부지방법원 2020.02.11 2019고단4290
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 27, 2013, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act at a governmental district court on the jurisdiction of the Republic of Korea on September 27, 2013, and on December 8, 2016, the same court has been sentenced to a suspended sentence of two or more times for a crime of violating the Road Traffic Act by having been sentenced to a suspended sentence of two or more times for the same crime.

Nevertheless, at around 21:35 on August 29, 2019, the Defendant driven a DNA cruise car with a blood alcohol concentration of about 0.124% from a 150-meter section from the front road of the Gu Government City B to the front road of the Gu Government City C.

2. The Defendant is a person engaged in the operation of the pertinent cruise car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

The Defendant, while under the influence of alcohol at the above time, driven the said cruise car and proceeded at a fluoral speed in front of C at the time of the Council of the Republic of Korea, and went to the “Seoul Arts Center” on the side of the “Yancheon Green Park”.

Since the place is a three-lane road, there is a duty of care to reduce speed for those engaged in driving of motor vehicles, to live well at the same age of other motor vehicles, and to safely enter the motor vehicle along the three-lanes, the edge of the road, and to prevent accidents in advance.

Nevertheless, the Defendant neglected this and proceeded by changing the lane from a three-lane to a one-lane as it is, and did not discover a F SP motor vehicle driven by the victim E(38 years of age) who was driving a one-lane, and received a part of the right side of the vehicle driven by the victim as the front part of the cruise motor vehicle operated by the Defendant.

Ultimately, the Defendant’s occupational negligence requires approximately two weeks’ medical treatment to the victims G (V, 40 years of age) on board the car in the said SPP site.

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