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(영문) 의정부지방법원 2015.07.24 2014고단4741

교통사고처리특례법위반등

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

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a vehicle C.

On November 17, 2014, the Defendant driven the said car while under the influence of alcohol of 00:57% of alcohol concentration 0.099%, and driven the said car along the two-lane road of the city farming ginseng distance from the side of Seoul to Chuncheon in the southyang-si-si.

At the time of night, there was a duty of care to prevent accidents in advance due to the reason that a person engaged in driving of a motor vehicle was at night, such as reducing the speed of the motor vehicle, saving the front left and right well, accurately operating the steering gear and brakes, etc.

Nevertheless, while under the influence of alcohol as above, the Defendant was driven by the victim D(the age of 37) who was under way at the front side of the Defendant’s vehicle due to negligence while neglecting this, and was driven by the victim D(the age of 37).

Ultimately, the Defendant suffered, by the above occupational negligence, the injury of the escape certificate of up to six weeks to the victim, the injury of the 1,000 plenary signboard escape certificate, the injury of the victim F (the 37 years old), the victim F (the 4-5 years old), who is the passenger of the victim's car, the injury of the escape certificate of the re-recompeaching re-propeaching signboards that require approximately 6 weeks of treatment, and the injury of the string and the tension in need of approximately 2 weeks of treatment to the same victim G (the 4 years old).

2. On July 17, 2009, the Defendant was issued a summary order of KRW 1.5 million with a fine for a violation of the Road Traffic Act at a governmental district court on July 17, 2009, and on September 22, 2011, by the above court on September 2, 201, a summary order of KRW 3 million with the same crime, respectively.

Nevertheless, the Defendant driven the Meteme car under the influence of alcohol concentration of approximately 0.099% from the Do located in the new Dong-dong, Dongjak-gu, Seoul to the place specified in paragraph (1).

In this respect, the Defendant was drunk.