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(영문) 서울남부지방법원 2020.06.30 2019고단5955
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 7, 2017, the Defendant was issued a summary order of KRW 1 million by the Seoul Southern District Court as a crime of violating the Road Traffic Act.

On August 14, 2019, at around 01:20, the Defendant driven B bents in the state of alcohol alcohol concentration of about 0.08% from the 3km section of approximately 3km from the roads on the fire prosperity of Gangseo-gu Seoul Metropolitan Government to the 29.2km Incheon Incheon Incheon International Airport Airport Expressway.

Accordingly, the defendant was under the influence of alcohol in violation of the Road Traffic Act provisions on the prohibition of driving under the influence of alcohol more than twice.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a passenger car at Benz.

On August 14, 2019, at around 01:20 on August 14, 2019, the Defendant driven the above car, proceeding one lane on the Incheon International Airport Expressway 29.2km in Gyeyang-gu, Incheon, Gyeyang-gu, to the Incheon Airport Airport airside, and changed the lane into two lanes.

In such a case, the defendant engaged in driving service has a duty of care to observe the speed limit, accurately operate direction lights, brakes, etc., and change the vehicle line, and to give notice of change of course, to give notice of change of course, and to reflect the traffic situation of the front and rear left, and to prevent accidents by changing the vehicle line.

Nevertheless, the Defendant, while driving in excess of the speed of 0.08% under the influence of alcohol with a speed of 207 km a speed exceeding 0.08%, was due to the negligence of changing the vehicle from the two-lane to the right-hand side of the victim C (23 years old) who changed the vehicle from the two-lane to the one-lane, followed the right-hand side of the vehicle of the victim C (23 years old) to the left-hand side of the vehicle of the Defendant and suffered injury, such as finite salt, etc., which requires approximately two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of E;

1. C.

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