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(영문) 서울중앙지방법원 2020.06.26 2020고단2679
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

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Defendant is a person engaging in driving a rocketing car.

On April 6, 2020, the Defendant driven the said car under the influence of alcohol of 0.078% on blood alcohol level at around 23:50, and went along the three-lanes between the six-lanes in the direction of Samsung Station in the direction of Samsung Station in the front direction of Gangnam-gu, Seoul, and neglected the duty of e-mailing.g., the Defendant was negligent in neglecting the duty of e-mailing.g., the lower part of the victim D(38 years old)’s e-motor vehicle driven in the front part of the Defendant’s car.

The Defendant, by such occupational negligence, suffered injury to the victim D, such as salt, tensions, etc. in need of medical treatment for about two weeks, and injury to the victim F (the victim F, who is the passenger of the above vehicle (the 32 years old), such as salt, tensions, etc. in need of medical treatment for about two weeks.

2. On August 1, 2012, the Defendant was issued a summary order of KRW 1,500,000 by the Seoul Central District Court to a fine for a violation of the Road Traffic Act.

While the Defendant was under the influence of alcohol level of 0.078% in the temporary border as stated in the above paragraph (1), the Defendant was driving the said car within approximately one kilometer from the public parking lot near the Gangnam-gu Seoul Metropolitan Government Line to the above C Road.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of each traffic accident by D or F;

1. Reports on traffic accidents, reports on the actual state of drinking drivers, reports on the statement of the situation of drinking drivers, notification on the results of the regulation of drinking driving, circumstantial reports on drinking drivers, and reports on the occurrence of traffic accidents;

1. A copy of each written diagnosis;

1. Previous convictions indicated in judgment: Criminal history records, reply reports (A), investigation reports (formers and confirmations), and application of Acts and subordinate statutes governing summary orders;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment for Facts constituting an offense;

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