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(영문) 춘천지방법원 강릉지원 2017.04.18 2017고단65

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On July 15, 2014, the Defendant was sentenced to 10 months of imprisonment due to a violation of road traffic law (drinking driving) at the Gangnam Branch of the Chuncheon District Court. On November 10, 2014, the Defendant completed the execution of the sentence at the Gangnam Prison.

1. The defendant is a person who drives CMF5 vehicle on duty in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On April 9, 2015, the Defendant was driving in front of the E-cafeteria located in Gangseo-si D on 01:20 around the taxi, along the two-lanes from the square of the taxi to the Nowonambi-dong, along the two-lanes.

At the time, since it was night and there was a frequent road, there was a duty of care to drive safely by properly examining the surrounding areas after changing the lane in the right-hand road.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to accurately operate the brakes and steering gear, caused injury to the victim by shocking the back wheels of the victim Franchis G 100 motor bicycle riding that was proceeding on a two-lane, resulting in approximately two weeks of treatment of the victim.

2. On February 14, 201, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court as a crime of violating the Road Traffic Act, and on July 15, 2014, the Defendant was sentenced to imprisonment of ten months for the same crime in the same court.

Defendant 1 driven CM5 vehicles under the influence of alcohol concentration of about 1.3 km from the 1.3km section to the place like the above paragraph (1) on the front of the red dynamics of 67 knife-ro snife-ro, Y-si.

As a result, the defendant was punished for drinking more than twice, and driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on the occurrence of a traffic accident and a statement of actual investigation;

1. On-site photographs;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. A medical certificate;