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(영문) 인천지방법원 부천지원 2019.09.05 2019고단1830

교통사고처리특례법위반(치상)등

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

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

[criminal power] On July 9, 2013, the Defendant received a summary order of KRW 1.5 million from the Seoul Southern District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and a summary order of KRW 700,000 for a fine of KRW 1.5 million from the Seoul Southern District Court on September 8, 2008 to a violation of the Road Traffic Act.

【Criminal Facts】

1. On October 21, 2019, the Defendant driven a motor bicycle under the influence of alcohol with a blood alcohol concentration of 0.144% from the 1km section from the restaurant near the B Station in Seocheon-si to the front road of Seocheon-si in Gyeonggi-do, around October 21, 2019.

As a result, the Defendant once again driven a motorcycle while under the influence of alcohol as a person who has violated the prohibition of drunk driving more than twice.

2. The defendant is a person who is engaged in driving a DNA motorcycle.

On May 10, 2019, the Defendant driven the above motorcycle on May 21:36, 2019, and proceeded along the two lanes from Incheon to Seoul.

At night, there was a prior vehicle in front of the defendant's driving direction, so in such a case, there was a duty of care to prevent accidents in advance by driving safely, such as making a person engaged in driving of a motorcycle a motorcycle to report the traffic situation well, accurately manipulating the steering wheel and brakes, etc.

Nevertheless, the Defendant neglected to do so while under the influence of alcohol as described in the above paragraph (1) and neglected to do so, thereby receiving the rear wheeler of the E body-man vehicle, which was stopped at the front of the Defendant, as the front wheeler of the said motorcycle.

Ultimately, the Defendant, by occupational negligence, provided approximately two weeks’ medical treatment to the victim F (F) who is the driver of the above vehicle, for approximately two weeks of injury, such as salt, tensions, etc., and to the victim G (V, 59 years of age) who is the passenger.