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(영문) 창원지방법원 2019.09.20 2019고단1468
교통사고처리특례법위반(치상)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On December 5, 201, the Defendant was issued a summary order of KRW 5 million at the Changwon District Court’s Changwon District Court on the grounds of a violation of the Road Traffic Act (driving) and a fine of KRW 3.5 million on October 31, 2013 at the Changwon District Court on the grounds of a violation of the Road Traffic Act (driving) and a violation of the provisions on the prohibition of drunk driving on at least two occasions.

【Criminal Facts】

1. Around 20:00 on May 10, 2019, the Defendant driven a mixed-softed vehicle with a blood alcohol content of about 0.081% under the influence of alcohol at approximately 150 meters from the entrance of the public parking lot in the Jinhae-gu, Changwon-si to the front road in the Jinhae-gu, Changwon-si, Changwon-si.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the regulations on the prohibition of drunk driving not less than twice.

2. The defendant is a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and is engaged in driving duties of the latter.

Around 20:00 on May 10, 2019, the Defendant driven the above Orala while under the influence of alcohol content of 0.081%, and driven the front road in the Jinhae-gu, Changwon-si C with about 20km speed from the side of the public parking lot B to the cover of 10km.

At the time of night and without a median line or line, there is no distinction between the roadway and the sidewalk, and in such a case, there is a duty of care to prevent accidents, such as safe driving, by checking whether there is a pedestrian who is driving by reducing speed and checking well the right and the right and the right of the road.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so, and sees the same direction from the right side of the course to the same direction. However, the Defendant’s negligence, which proceeds without examining the gate, such as careing the gate to conduct personnel affairs, is moving toward the same direction.

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