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(영문) 창원지방법원 거창지원 2020.04.01 2019고단371

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[criminal power] On July 27, 2016, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) from the Changwon District Court branch on July 27, 2016. On May 24, 2018, the same court issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving).

【Criminal Facts】

"2019 Highest 371"

1. The defendant is a person who is engaged in driving a vehicle BM3 in accordance with the Act on Special Cases concerning the Settlement of Traffic Accidents.

On October 31, 2019, the Defendant driven the said car with a blood alcohol level of 0.074% 0.074% on the alcohol level around 17:40 on October 31, 2019, and continued to drive the said car at the front of the D intersection in Gohap-gun, Gyeongcheon-gun, Nannam-gun, with a view to moving to the right bypass.

In such cases, the defendant engaged in driving of a motor vehicle has a duty of care to ensure the safety of the course by properly examining the right and the right of the rear side, and to prevent accidents in advance by safely driving the motor vehicle so as not to conflict with the vehicle driving on the road.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in neglecting the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of the Defendant

Accordingly, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks due to such occupational negligence.

2. A person who has been under the influence of alcohol and who violated the duty of prohibition on driving under the influence of alcohol as above, the Defendant driven BM3 motor vehicles under the influence of alcohol 0.074% in a section of about 550 meters from the first to the front intersection of D located in C from the border of Gohap-gun I to the front intersection of D at the time and in the direction specified in paragraph (1).

The Defendant of the 2020 Seniors 1 above.