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(영문) 수원지방법원 성남지원 2018.08.30 2018고단1483

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for seven months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 21, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and on December 27, 2007, the Seoul Central District Court issued a summary order of KRW 1.5 million for the same crime at the Seoul Central District Court.

1. The Defendant is a person who is engaged in driving a vehicle B K5 in light of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On May 29, 2018, the Defendant driven the said car under the influence of alcohol content of 0.115% in blood around 01:50 on May 29, 2018, and led the Defendant to drive the said car at a speed of 16.5km away from the outer luminous ray in the middle of the Gyeonggi-do, at a speed of 16.5km away from three lanes in the direction of view of the outer highways.

In such cases, there was a duty of care to prevent accidents in advance by safely driving motor vehicles, such as taking the front side and left side and left side well, accurately operating the steering gear, maintaining the safety distance with the motor vehicle in front.

Nevertheless, under the influence of alcohol, the Defendant was driven by the Defendant’s vehicle in front of the Defendant’s passenger vehicle, which was driven by the victim C(63) who was driven by the Defendant’s prior bank at the time when the Defendant was drunk.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about one month by occupational negligence as above.

2. Violation of the Road Traffic Act (drinking driving) driving a B K5 vehicle under the influence of alcohol with approximately 10km alcohol content of 0.115% at the distance of about 10km from the road near Pyeong-dong, Singu, Sin-si, Sin-ri to the point where the outer luminous rock is located in the luminous rock at the time of Gyeonggi-do to the point where 16.5km in the direction of visibility of the outer expressway at the time of the Gyeonggi-do.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving the said vehicle under the influence of alcohol again.

Summary of Evidence

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