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(영문) 부산지방법원 서부지원 2018.02.12 2017고단2048

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

On November 5, 2014, the Defendant received a summary order of KRW 2,50,000 from the Busan District Court to a fine for a violation of road traffic law. On December 15, 2016, the Defendant was sentenced to imprisonment with prison labor for the same crime, etc. on June 15, 2017, and completed the execution of the sentence. On May 18, 2017, the Defendant was sentenced to a fine of KRW 3 million by the same court for the same crime, etc.

1. The Defendant is a person who is engaged in driving service with the GTS 125 Obama in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On September 25, 2017, without obtaining a license for a motor device bicycle, the Defendant, while under the influence of alcohol content of 0.148% in blood, was driven by 0.148% in Busan, Pyeong-dong mail, which is located in 736, at the night of Pyeong-gu, Busan, the Defendant driven the upper lux block on the front side of the Gump ethyl.

Since there is a news report that is unable to pass through the ozone, there is a duty of care to prevent accidents by properly manipulating the steering left and right on the road on which a person engaged in the operation of the Ortotoba may pass along, and by accurately manipulating the steering and steering devices on the road on which he can pass through.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, caused the victim D ( South and 62 years of age) who was walking along the sidewalk due to the negligence of the Defendant, to go beyond the floor.

As a result, the Defendant suffered from the above occupational negligence that caused the injury to the victim, such as cerebral celebrus, in which there are two organs in need of open medical treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (drinking driving) committed a violation of the Road Traffic Act (drinking driving) at least twice. However, the Defendant was under the influence of alcohol with about 0.148% alcohol concentration in blood alcohol from September 25, 2017 in that he/she had been punished twice or more due to a violation of the Road Traffic Act (drinking driving) around September 17:10 on September 25, 2017 to the front day of the country in which he/she is in charge of the old-dong postal service at approximately 1km as he/she had a bicycle device license.