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(영문) 서울남부지방법원 2020.06.30 2019고단6517
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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) is a person who is engaged in driving a motor vehicle B Pote.

On October 21, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.163% 0.163% at around 19:25 on October 21, 2019, and driven the road of five lanes in front of the D Association in Kimpo-si C along three lanes in Seoul.

At the time, signal was sent to the front side of the road, and the vehicle was temporarily driven due to quarantine work, etc., and the defendant was driving his own car following the FSP car driven by the victim E (V, 33 years old). In such a case, when the vehicle driven or stopped due to the road condition, the driver of the vehicle had a duty of care to ensure the necessary distance to avoid the collision with the vehicle ahead and prevent the accident in advance.

Nevertheless, the Defendant, while neglecting his duty under the influence of alcohol, neglected to ensure a safe distance to avoid a collision with the previous vehicle, and thereby violated the duty of care to prevent accidents in advance, and caused the previous part of the vehicle driven by the victim, which was driven by the Defendant, to the front part of the vehicle driven by the Defendant.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as cerebral cerebrovas, in which there is no head or open room for treatment for about two weeks.

2. On October 21, 2019, the Defendant driven a vehicle as stated in the above paragraph (1) while under the influence of alcohol leveling 0.163% from the 3km section from G to the front road of Kimpo-si, Kimpo-si, Kimpo-si around 19:25, around October 21, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The report on the actual condition of a traffic accident, the report on the occurrence of a traffic accident, the report on the circumstantial statements of a drinking driver, and the notification on the results of the drinking driving control;

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