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(영문) 창원지방법원 진주지원 2017.08.08 2017고단308

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for one year.

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

(b) the defendant;

Reasons

Punishment of the crime

[criminal history] On June 8, 2010, the Defendant was issued a summary order of KRW 4.5 million for a violation of road traffic law (driving), etc. at the Changwon District Court's Jinju branch on the same day, and on January 5, 2017, the Defendant was issued a summary order of KRW 5 million for a violation of road traffic law (driving driving) and was issued at the same court on the same day on January 5, 2017, and was all five times of criminal records.

[Criminal facts]

1. On January 25, 2017, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driving the B wing-in freight vehicle in the direction of the bus terminal in the direction of the bus terminal in the direction of the Gu downstream-dong, Hadong-dong, Lower-gun, Seoul, along the two-lane one-lane.

In this case, the driver of the motor vehicle has a duty of care to prevent the traffic accident in advance by properly manipulating the steering gear and the steering gear in a clear mind, since there is a lot of intersections where the signal apparatus is installed in the front door, and thus, the driver of the motor vehicle has a duty of care to prevent the traffic accident in advance.

Nevertheless, due to the occupational negligence of the Defendant’s cargo vehicle’s left-hand part before the left-hand part of the Defendant’s cargo vehicle, which was parked in the Defendant’s front-hand part without a driver’s license, the Defendant received the back-hand part of the Defendant’s dhurged vehicle of the victim C (V, 48 years old) who was parked in the Defendant’s front-hand part.

Ultimately, due to the above occupational negligence, the Defendant suffered injury, such as salt, tension, etc., in need of approximately two weeks of treatment.

2. The Defendant is a person who has driven a motor vehicle under the influence of alcohol not less than twice as seen above and without obtaining a driver’s license for the motor vehicle. On January 25, 2017, the Defendant is a person who has driven a motor vehicle in the influence of alcohol not less than twice in the same manner, and on the road from the Do in front of the Hanam-gun of the Hannam-dong on January 25, 2017 up to about 8km in front of the Handong-