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(영문) 수원지방법원 2018.05.01 2018고단660

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

Criminal facts

[criminal history] On December 28, 2006, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating road traffic law (drinking) at the Daejeon District Court’s Branch on the Incheon District Court’s Branch on December 28, 2006. On March 8, 2012, the Defendant was issued a summary order of KRW 4 million for the same crime at the Chungcheong District Court on March 8, 2012.

[Criminal facts] 1. 2018 Highest 660

A. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a car BK3.

On January 29, 2018, the Defendant driven the said car under the influence of alcohol level of 0.117% among blood transfusion around 07:00, and continued to drive the car at a speed of about 10km per hour on the side of the company bank in front of the company bank running in Osan-si, Osan-si.

At the time, the Defendant, prior to the same direction, was followed by the DMW320D car driven by the victim C (29C). As such, the Defendant had a duty of care to take account of the situation with respect to a person engaged in driving service, and to secure and proceed with a safe distance to avoid when the said car stops.

Nevertheless, the Defendant was driving by the victim C who was stopped pursuant to the stop No. 1 due to the negligence of excessive driving of the vehicle in close vicinity, and the victim E (MW320D car 30 years old) followed by the victim E (MW320D car, which the Defendant driven by the vehicle in close vicinity, with the front part of the K3 car that the Defendant drives.

Ultimately, the Defendant suffered injury to the victims, such as salt, tensions, etc. in need of two weeks’ medical treatment by occupational negligence as above.

B. Around 03:40 on January 29, 2018, the Defendant driven B K3 cars while under the influence of alcohol with approximately 40km alcohol concentration of about 0.117% from the front of the beautiful apartment site located in the Northern-gu, Seocheon-gu, Seocheon-si to the long distance of the corporate bank located in 07:00 on the same day.

2. The defendant of "2018 Highest 1744" is the Seoul Special Metropolitan City around 07:00 on February 13, 2018.