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(영문) 청주지방법원 충주지원 2019.01.11 2018고단616

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On October 15, 2003, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 1 million to a violation of the Road Traffic Act (driving) at the Chungcheong District Court's Chungcheong Branch on July 10, 2008, a summary order of KRW 1 million to a fine of the same crime at the same court on July 10, 2008, and a summary order of KRW 2 million to a fine of the same crime at the same court on March 2, 2010, respectively. On November 16, 2011, the Defendant was sentenced to a suspended sentence of 6 months for imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Suwon District Court's Chungcheong Branch on July 8, 2016, and was sentenced to a suspended sentence of 2 years for a violation of the Road Traffic Act.

【Criminal Facts】

1. The defendant is a person who is engaged in driving a vehicle BM3 in accordance with the Act on Special Cases concerning the Settlement of Traffic Accidents.

On September 21, 2018, the Defendant, without obtaining the driver’s license on September 21, 2018, operated the said car while under the influence of 0.118% of alcohol concentration, and led the national highways No. 3 in the Haak-gu Seoul metropolitan prudentis 323-1, in the case of Chungcheongbuk-gu, to drive the said car directly into one-lane among two-lanes.

In this case, there was a duty of care for those engaged in driving motor vehicles to live well on the front side and the left side and drive the steering gear accurately and safely.

Nevertheless, due to the negligence of negligent driving at a two-lane of the Defendant’s vehicle under the influence of alcohol, the Defendant, after the left-hand side of the Defendant’s vehicle in the D Spoter which was driven by the victim C(30 years of age) who was driving on the right-hand side of the Defendant’s vehicle, brought the front side of the Defendant’s vehicle in the front side of the said Spoter which was stopped on the side for the purpose of dealing with the accident.

Ultimately, the Defendant committed the above occupational negligence for approximately two weeks to the victim.