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(영문) 창원지방법원 통영지원 2019.05.14 2019고단203
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 21, 2014, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) in the Changwon District Court's Jinju branch on May 21, 201, and on November 29, 2017, the Defendant was issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act (driving) at the Changwon District Court's Kinwon Branch branch on November 29, 2017.

In violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) the Defendant is a person who is engaged in the driver's duty of freight II.

On February 11, 2019, at around 20:55, the Defendant driven the above vehicle while under the influence of alcohol of 0.079% with a blood alcohol concentration of 0.079%, and led to the front of the road in front of the designated intersection in front of the road in front of the 1093-78 in the Pyeong-gu in common.

The defendant neglected his duty of care at the front time, and received the rear part of the Dwing-III vehicle driven by the victim C (year 45) who was under the influence of the defendant due to the negligence of driving under the influence of alcohol in front of the vehicle of the defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment by occupational negligence.

The Defendant, in violation of the Road Traffic Act (driving) from the date and time border specified in the above paragraph (1), driven B Poter Ⅱ in the state of alcohol alcohol concentration of approximately 0.079%, while under the influence of alcohol, from the 3km section of about 1093-78 at the same time, from the road near the road in the city of Pyeongtaek-si to the front of the lubular street of about 1093-78.

As a result, the defendant, who has violated the prohibition of drunk driving (Article 44 (1) of the Road Traffic Act) not less than twice, was driving again as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition survey report;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. A medical certificate;

1. An accident site photograph;

1. Previous records of judgment: Criminal records, etc., inquiry reports and application of Acts and subordinate statutes to investigation reports (Attachment of the same kind of drinking power);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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