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(영문) 서울남부지방법원 2019.02.14 2018고단6263
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On September 15, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was driving a BMW 528i vehicle with a blood alcohol concentration of 0.053% at around 12:40%, and changed the lane into one lane in order to drive the vehicle with four lanes in front of DMW 528i vehicle in Gangseo-gu Seoul Metropolitan Government, along the four lanes in front of DM in Gangseo-gu, Gangseo-gu Seoul Metropolitan Government C, in the direction of the eroscopian distance.

In this case, the driver of a motor vehicle has a duty of care to inform the vehicle following the direction etc. in advance and to change the lane safely by keeping the traffic situation of the front and rear left well.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to perform the above duty of care and neglected to change the course of the vehicle due to the occupational negligence of which the victim E (the age of 32) was driving along one lane, and the part of the driver's seat in front of the auxiliary seat of the Franchis vehicle driven by the Defendant.

As a result, the Defendant suffered injury to the victim, such as kneee knee knee, who requires treatment for about three weeks due to such occupational negligence.

2. On July 26, 2007, the Defendant was issued a summary order of a fine of two million won or more for a violation of the Road Traffic Act at the Seoul Southern District Court on July 26, 2007. On April 29, 2010, the Seoul Central District Court issued a summary order of a fine of five million won or more for a violation of the Road Traffic Act.

On September 15, 2018, the Defendant was under the influence of alcohol of 0.053% of blood alcohol concentration at around 12:40 on September 15, 2018, and operated BMW 528i car from the 15km section from the residential area of Dongdaemun-gu Seoul to the front road located in Gangseo-gu Seoul Metropolitan Government C.

As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of the occurrence of the E traffic accident;

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