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(영문) 창원지방법원 2017.04.25 2016고단4089

교통사고처리특례법위반(치상)등

Text

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

Reasons

Punishment of the crime

[criminal history] On February 6, 2012, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating road traffic laws at the Changwon District Court on February 6, 2012. On August 30, 2013, the Defendant was sentenced to six months by imprisonment for a violation of road traffic laws at the Changwon District Court on August 30, 2013. On December 20, 2013, the Defendant was sentenced to imprisonment for an attempted rape at the Daegu District Court Kimcheon-cheon Branch and completed the execution of the sentence on September 28, 2015.

[Criminal facts]

1. The Defendant is a person who is engaged in driving a FM car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On October 109, 2016, the Defendant driven the said car under the influence of alcohol level of 0.116% among blood transfusion around 0:00, and driven the road of four-lanes in front of the Changwon general playground, the Changwon-gu, Sungwon-si, Changwon-si, as it is about 450, along the two-lanes from the side of the viewing plaza, led to a speed of about 60km in Si/Gun/Gu.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle safely by checking the front side well.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to turn to the left at the front of the proceeding by negligence while driving at the speed of the victim G (59) driven by the Defendant, followed the H-low vehicle driven by the Defendant, and suffered injury to the victim, such as a salt panion, which requires approximately two weeks of treatment.

Ultimately, the Defendant caused the injury to the victimized person by occupational negligence above.

2. Violation of the Road Traffic Act (drinking driving) driven the tea as referred to in paragraph (1) while under the influence of alcohol leveling 0.116% from a section of about 500 meters from the Do in front of the Defendant’s residence in the Sungwon-si, Changwon-si, the Changwon-si, the Changwon-si, the Changwon-si, as the 450th day of the day referred to in paragraph (1), to the front road of the Changwon-si, the Changwon-si, the Defendant was under the influence of alcohol leveling around 0.

This is the defendant.