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(영문) 대전지방법원 천안지원 2020.06.16 2020고단447
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal power] On July 10, 2007, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act (driving) in the support of the Daejeon District Court on the Incheon District Court on July 10, 2007, and a summary order of a fine of three million won for the same crime in the same court on August 24, 2009. On December 17, 2015, the Defendant was sentenced to a fine of five million won for the same crime in the same court on the same day.

【Criminal Facts】

The Defendant is a person who is engaged in driving a Bpick 110cc motor bicycle.

1. On January 23, 2020, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) and the Road Traffic Act (hereinafter referred to as “Road Traffic Act”), driving the above motorcycle while under the influence of alcohol 0.087% of blood alcohol level around 19:30 on January 23, 202, and driving the two-lane road in front of the south-gu Seoul Metropolitan City in the direction of the Yanananannam-gu at a speed of the two-lane in the direction of the Yansan-gu

In such cases, there was a duty of care to prevent accidents in advance by safely driving a motor vehicle, such as thorough operation of the front-time driver and accurate operation of the steering and brakes.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of the Defendant’s negligence and failed to properly operate the brake system, and was under the influence of the victim D (Nam, 44 years old) who was in the atmosphere of the maf-fabbb, and then was under the front part of the said motorcycle.

As a result, the Defendant suffered injury to the Defendant’s salt and tensions that require approximately two weeks of treatment by occupational negligence as above, and at the same time damaged the car with the repair cost of KRW 778,622 at the same time.

2. Although the Defendant was punished for a violation of the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) as above, the Defendant obtained a license for a motorcycle while under the influence of alcohol of 0.087% of the blood alcohol concentration at the time and time as stated in paragraph (1) of the said Article.

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