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(영문) 창원지방법원 마산지원 2018.08.14 2018고단531
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 three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On December 3, 2012, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act in the Changwon District Court's Msan Branch on the grounds that he/she violated the Road Traffic Act (drinking). On November 28, 2014, the Defendant was issued a summary order of KRW 6 million for the same crime by the same court.

On February 19, 2018, the Defendant driven B truck under the influence of alcohol content of about 0.179% from the section of about 60km to the 12.9km front of the central expressway branch in Yangsan-si, which is located in the window dong of Changwon-si, Changwon-si, in order to drive the B truck under the influence of alcohol level of about 0.179% from the area of about 60km to the road in front of 12.9km.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

2. The defendant is a person who is engaged in driving of cargo vehicles as stated in paragraph (1).

The Defendant, while driving the above cargo vehicle under the influence of liquor in a day-to-day city under paragraph (1), was driving at a speed that is 12.9 km away from the 12.9 km away from the 2nd two-lane road in the water-to-on city in Yangsan-si.

In such a case, the Defendant had a duty of care to prevent accidents by accurately operating the steering gear and the steering gear well, and to prevent accidents.

Nevertheless, the Defendant, while under the influence of alcohol, proceeds from driving by negligence while driving the vehicle in front of the vehicle, is driving by the front part of the freight vehicle driven by the Defendant, which is driven by the victim C while driving the vehicle in front of the vehicle in front of the vehicle driven by the Defendant, due to the shock of the vehicle in front of the vehicle in front of the vehicle in which the Defendant is driving by the victim, and due to the shock of the vehicle in front of the vehicle in front of the vehicle in which the victim is driving by E, and again, the Defendant shocked the back part of the HK5 vehicle driven by the victim while the vehicle in front of the vehicle in front of the vehicle.

Ultimately, the Defendant above.

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