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(영문) 서울북부지방법원 2016.11.03 2016고단3586
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 February 7, 2007, the Defendant received a summary order of KRW 500,000 from the Seoul Northern District Court to a fine of KRW 500,000 as a crime of violation of the Road Traffic Act, and a fine of KRW 700,000 as a same crime in the same court on May 12, 2010, respectively.

1. On July 28, 2016, the Defendant driven a CL125 (Rotteteme) Oralba while under the influence of alcohol of about 0.065% of alcohol content in the 1km section from around 1k to about 1k distance from the 89-ro, the Dowing-ro, Gangnam-gu, Seoul, Gangnam-gu, the Dobong-ro, the Dobong-ro, the GL125 (Poteme).

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.

2. 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 CL125 (Rotterdam).

On July 28, 2016, at around 21:10, the Defendant, while under the influence of alcohol as described in paragraph (1), driven the above Oba, and proceeded with a road of one-lane in the direction of the Ephalopian Trading Co., Ltd. in Dobong-gu Seoul, Dobong-gu, Seoul, with the two-way sides of the Samsung Apartment.

However, since at the time, it is night and its location is an intersection where signal is installed, there was a duty of care to reduce the speed and prevent accidents in advance by driving safely according to the traffic signal.

Nevertheless, under the influence of alcohol, the Defendant neglected to enter the intersection with yellow signal in violation of the signal, and caused the Defendant to go beyond the victim by shocking the front end part of the GDSS80 (Tti) Hatoo, which was driven by the victim F (the age of 21) who was driven by the Defendant F (the age of 21) who was fright to green signal from the second side of the second side, with the first side of the second side of the BDS80 (T) where he driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt dynasium, which requires approximately two weeks of treatment by occupational negligence as above.

Summary of Evidence

1. The defendant;

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