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(영문) 서울중앙지방법원 2019.02.18 2018고단6950
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

On March 22, 2011, the Defendant received a summary order of KRW 5 million from the Seoul Central District Court to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving). On February 8, 2013, the Seoul Central District Court issued a summary order of KRW 4 million as a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) and a fine of KRW 5 million at the Seoul Central District Court on April 20, 2015.

The defendant is a person who is engaged in driving a motor vehicle B with the 125 wheels.

1. Around August 19, 2018, the Defendant was driving a typ-wheeled vehicle while under the influence of alcohol content of about 0.069% at a section of about 800 meters from the front of Gangnam-gu Seoul to the front of the Gangnam-gu Seoul road.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act not less than twice, driven a motor vehicle while under the influence of alcohol.

2. Around August 19, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said two-wheeled vehicle under the influence of alcohol content of 0.069% at a 0.069%, while driving the said two-wheeled vehicle, among the front roads of Gangnam-gu Seoul Metropolitan Government D, at a speed that cannot be known to the intersection of the insolvency park in front of the insolvency park.

Since there was a signal apparatus at the time, the driver has a duty of care to prevent accidents by accurately operating and safely driving the steering gear and brakes in light of the signal apparatus and surrounding traffic conditions and other vehicles.

Nevertheless, even though the Defendant neglected to pay a stop signal to the signal apparatus due to his negligence, the Defendant was negligent in driving the signal in violation of this, and the part on the left-hand side of the E-driving FK5 car, which was driven by the Defendant in the first direction opposite to the Defendant, was received as the left-hand side of the E-Motor Vehicle driving.

In the end, the defendant driving a two-wheeled vehicle, and the defendant was on the same line with the defendant, for about 4 weeks to the victim G (V, 38 years of age).

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