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(영문) 수원지방법원 평택지원 2018.05.10 2017고단2417
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] On February 27, 2004, the Defendant was issued a summary order of KRW 2.5 million at the Daejeon District Court as a crime of violating the Road Traffic Act (drinking driving), and the Defendant was issued a summary order of KRW 1.5 million at the same court as the same crime on February 22, 2011.

[Criminal facts]

1. The Defendant is a person who is engaged in driving a vehicle B with the driver’s license for each vehicle.

On October 1, 2017, the Defendant driven the said car while under the influence of alcohol of 0.070% in blood without obtaining a driver's license on October 1, 2017, and continued to drive the said car from the direction of the Bhutan to the parallel of right in the direction of Pyeongtaek-si Do 55-1 Do 55-1 Do 4 lanes.

Since there is a place where the passage of vehicles is frequent, there was a duty of care to reduce the speed and drive safely by checking well the right and the right of the driver.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and proceeded in the front and without living well before it, brought the back part of the victim C(W, 23 years old) drive in the front direction of the Defendant, which was going through in the front direction of the Defendant, into the front part of the passenger car of the Defendant.

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, the injury to the victim C and the victim E (25) who is his her son, such as catum salt, etc. requiring approximately two weeks medical treatment.

2. On October 1, 2017, the Defendant driven a B-pon vehicle under the influence of alcohol level of about 0.070% from the 8km section of the blood alcohol level to the accident site stated in the above paragraph (1), without obtaining a driver’s license on around 16:23, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. An investigation report on the actual condition of a traffic accident, a traffic accident occurrence report, a field photograph of a traffic accident, and a diagnosis report;

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