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(영문) 춘천지방법원 속초지원 2017.02.08 2016고단395
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Punishment of the crime

On January 26, 2007, the Defendant was sentenced to a summary order of a fine of three million won for a violation of the Road Traffic Act (driving), etc. at the Suwon Franchising Board, and on August 13, 2014, the Defendant was sentenced to a suspended sentence of two years for ten months due to a violation of the Road Traffic Act (driving) at the early branch of the Chuncheon District Court.

1. The defendant is engaged in driving a DNA cargo vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On September 24, 2016, the Defendant driven the above vehicle while under the influence of alcohol level of 0.139% during blood transfusion leveled from Sep. 24, 2016, and came to turn to the left from the police station from the side of the Noh School Residents' Center at the beginning of the immediately East Sea.

At the same time, there was a signal, etc. operating normally, so in such a case, there was a duty of care to reduce the speed of a person engaged in driving of a motor vehicle and to safely drive the motor vehicle in accordance with the traffic signals and prevent the accident from spreading.

Nevertheless, the defendant's negligence of neglecting alcohol and failing to make a left-hand turn to the left-hand turn, and the victim E(59) driver's fK5 driver's fK5 driver's f. driver's f. driver's f. driver's f. driver's f. driver's f. driver's f.

Ultimately, the Defendant suffered injury to the victim, such as brain salvina, which requires approximately three weeks of medical treatment, due to such occupational negligence.

2. On September 24, 2016, the Defendant violated the Road Traffic Act (drinking) even though he/she had been punished twice or more due to drinking, driving the said cargo under the influence of alcohol at approximately 0.139% in alcohol level, from the front side of a simple station cafeteria located in the city of Gangwon-gu, Gangwon-do on September 24, 2016 to the full-time 22:00 of the same day, and driving the said cargo under the influence of alcohol level of about 0.139% in the area of about 200 meters in the same city of the same hour.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Notification of the results of the crackdown on driving under the influence of alcohol, and a written statement of the situation of the driver under the influence of alcohol;

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