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(영문) 서울중앙지방법원 2016.12.14 2016고단6833
교통사고처리특례법위반(치상)등
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

On September 11, 2009, the Defendant issued a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act, and a fine of KRW 5 million as a fine in the same court on April 23, 2013.

The defendant is a person who is engaged in driving of a car in the SP area B.

Notwithstanding the above criminal power, the Defendant driven the above Spo-type car with the influence of 0.135 percent of alcohol concentration around August 6, 2016, while under the influence of alcohol around 03:10 on August 6, 2016, and proceeded one way out of the fourth line near the Seoul Southern Station in Gangnam-gu Seoul Metropolitan Government with the direction of the spo-type distance outflow from the spo-type distance range.

At the time of night, since the motor vehicle driving duty is not good, there was a duty of care to reduce speed as a person engaged in the motor vehicle driving duty, and to accurately manipulate the steering gear, brakes, etc. and prevent the accident by accurately manipulating the steering gear, brakes.

Nevertheless, the Defendant neglected the above duty of care and carried out as it is, due to the negligence of the Defendant’s failure, received the part on the side of the driving seat of the victim C(the age of 40) (the age of 40) driving that was proceeding on the lane adjacent to the car in the above Swiss area as the front side of the car in the above Swiss area.

As a result, the Defendant inflicted injury on the victim C such as salt, tensions, etc. on the c, the victim E (the victim E (the 31-year-old) who is a passenger car in the above K7 car for about two weeks of treatment, and the victim F (the 32-year-old age-old) who is the same passenger, suffered injury such as salt, tensions, etc. in the chilling chills that require approximately two weeks of treatment, and the victim G (the 25-year-old age-old) who is the same passenger for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of C, F, G, and E;

1. (1) The report on traffic accident (1) shall be made;

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