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(영문) 청주지방법원 영동지원 2018.02.08 2017고단175

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

On December 13, 2010, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) from the Daejeon District Court on December 13, 201, and a summary order of KRW 5 million as a fine from the Youngju District Court’s Young-dong branch on August 7, 2014 to the same crime.

1. The Defendant is a person who is engaged in driving of BPoter Ⅱs.

On November 4, 2017, the Defendant driven the above vehicle under the influence of alcohol level of 0.098% among blood alcohol level around 09:00, and led to the flow of a road of 1-lane 672-2 at the flow distance from the flow distance boundary of each tri-distance.

In such cases, drivers should not drive under the influence of alcohol, and there was a duty of care to prevent accidents by accurately manipulating the steering and brakes, and by accurately manipulating the steering and brakes.

Nevertheless, under the influence of alcohol, the Defendant neglected driving, and caused the victim to leave the vehicle on the right side of the road, which was driven by the victim C (62 tax) prior to driving on the front side of the same lane due to the negligence of driving the vehicle. The Defendant got the front part of the Defendant’s vehicle, which was driven by the victim C (62 tax).

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as a fresh of a shoulder that requires approximately seven weeks of medical treatment, and a fresh of a power line.

2. The Defendant violated Article 44(1) of the Road Traffic Act at least twice, as seen above, driven B Poter II cargo vehicles under the influence of alcohol content of approximately 0.098% from the section of about 5.7km from the west-dong, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, to the 672-2 front roads of the same Gun, at the time specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reports on the occurrence of a traffic accident;