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(영문) 서울서부지방법원 2013.10.29 2013고단765
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

[criminal power] On February 10, 2010, the Defendant received a summary order of KRW 2 million from the Seoul Western District Court to a fine for a violation of the Road Traffic Act (driving) and a summary order of KRW 5 million from the Seoul Western District Court to a fine for the same crime on December 5, 201, respectively.

【Criminal Facts】

1. Around 08:35 on January 9, 2013, the Defendant was driving a CF car while under the influence of alcohol of about 0.188% without obtaining a driver’s license from the front road of Eunpyeong-gu Seoul Metropolitan Government (199-28) to the fourth mnive road of Eunpyeong-gu, Seoul, 199-28, for about 300 meters of blood alcohol concentration, without obtaining a driver’s license.

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 the car.

On January 9, 2013, at around 08:35, the Defendant driven the said car under the influence of alcohol without obtaining a driver’s license as above, and led to a three-lane road in front of the fourth-lane in the Eunpyeong-gu Seoul, Eunpyeong-gu, Seoul, Seoul, to drive the said car along one-lane from the mountain distance towards the mountain distance.

At that time, the defendant had a duty of care to prevent accidents in advance, such as ensuring and driving safety distance to avoid a stop of a franchise, as the victim D (the age of 45) driven by the victim D (the age of 45) followed the Echip car, and thus, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance.

Nevertheless, the defendant neglected this and found it late to reduce and stop the speed of the vehicle in front of which the vehicle in front is changing the course due to the negligence of driving the vehicle in close vicinity to the vehicle in front of it, but the defendant did not stop and received the back part of the vehicle in front of the vehicle in front of the vehicle in front of it.

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