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(영문) 의정부지방법원 2018.07.13 2017고단5503

교통사고처리특례법위반(치상)등

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1. Defendant A shall be punished by imprisonment with prison labor for eight months and by imprisonment with prison labor for ten months;

2.Provided, That this judgment has become final and conclusive.

Reasons

Punishment of the crime

Defendant

B On April 14, 2008, the Seoul Northern District Court received a summary order of KRW 1,50,000 as a fine for a violation of road traffic law (drinking driving), and on February 14, 2013, the Seoul Central District Court received a summary order of KRW 4 million as a fine for the same crime.

1. On August 17, 2017, Defendant A driven D TBl car with alcohol content of 0.121% in the blood around 01:07, while driving it, Defendant A driven DBl car with alcohol content of 0.121% in each city of Yangyang-si and proceeded with the front of LBlin middle school in different directions of 3:232 in each city of Yangyang-si along the two lanes between the four-lane 4-lanes.

At the time, the Defendant was at night, while the vehicle was under the duty of care to ensure that the E-ray car driven by B was in the front of the Defendant, and was waiting and stopped. In such a case, the driver of the vehicle has a duty of care to ensure that the driver of the vehicle has a sufficient safety distance from the front vehicle by reducing speed and properly operating the steering gear and the brake system by properly operating the steering gear and the steering system in the front.

Nevertheless, the Defendant is under the influence of alcohol and proceeds entirely with neglecting it, and the lower part of the Defendant’s vehicle is the front part of the Defendant’s vehicle, and due to which the Defendant’s vehicle was parked in three-lanes of the same direction, the Defendant would have a part of the lower part of the Defendant’s vehicle, which was driven by F.F. (F., 48 years old) in the same direction.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

2. On August 17, 2017, Defendant B driven an Epic vehicle with approximately KRW 1 km up to 36-41 in the center of each city of Namyang-si, Namyang-si, with alcohol content of 0.057% at around 01:07 on August 17, 2017, while under the influence of alcohol, Defendant B driven a separate epic vehicle with approximately 1km up to the front of sight middle schools located within 232 in each city of Namyang-si.

Summary of Evidence

1. Defendants’ respective legal statements

1. A traffic accident report;

1. Report on the circumstances of driving each week;

1.Each.