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(영문) 서울남부지방법원 2015.11.19 2015고단4292
교통사고처리특례법위반등
Text

Defendant

A person who is punished by imprisonment for six 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 2, 2007, the Defendant received a summary order of a fine of two million won or more for a violation of the Road Traffic Act from the Suwon District Court’s Ansan Branch, and on May 9, 2012, a summary order of a fine of four million won or more for a violation of the Road Traffic Act was issued by the Incheon District Court.

【Criminal Facts】

1. Around 22:20 on August 31, 2015, the Defendant driven a rocketing car with the blood alcohol concentration of 0.105% while under the influence of alcohol at the 15m section in front of the Gangseo-gu Seoul Metropolitan Government Road B.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a rocketing car.

On August 31, 2015, the Defendant driven the said car while under the influence of alcohol of 0.105% with blood alcohol concentration around 22:20 on August 31, 2015, and driven the road front B of Gangseo-gu Seoul Metropolitan Government at a sloping speed from the parallel to the Kimpo Airport.

At this time, the defendant had a duty of care to accurately operate steering gear and brakes and to safely proceed by controlling speed in advance, as the victim D (n, 40 years of age) followed the Ebeer or car driven by the victim D (n, 40 years of age).

Nevertheless, the Defendant, while under the influence of alcohol, neglected to stop, received the rear part of the above bend part of the Defendant’s vehicle in front of the Defendant’s vehicle for traffic signal, and due to the shock of the above Bendora car in front of the Defendant’s vehicle, the Defendant 3.5 car driving G Altima 3.5 car in the victim F (the age of 44) who was under the stop in front of the vehicle.

Ultimately, the Defendant suffered injury to the victim D, such as salt, tensions, etc. in need of treatment for about two weeks due to such occupational negligence, and injury to the victim F, such as salt, tensions, etc. in need of treatment for about two weeks.

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