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(영문) 창원지방법원 2017.06.08 2016고단4290
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 July 20, 2009, the Defendant issued a summary order of KRW 2.5 million at the Changwon District Court to a fine for a violation of the Road Traffic Act (driving), etc., and on January 28, 2016, the Defendant issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the Changwon District Court's Changwon District Court's branch on January 28, 2016.

1. On October 23, 2016, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (D-Winginginging-out driving) without obtaining a driver’s license from about 100 meters from the 450 comprehensive playground parking lot to the 470-ray bicycle race track in Changwon-gu, Changwon-si, as it is, and driving a motor vehicle with D-Wing-on driving under the influence of alcohol content of 0.109%, while under the influence of alcohol in blood.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a first car in D body.

On October 23, 2016, the Defendant driven the above car on October 23, 2016, while driving it on the 20:46, the Defendant proceeded ahead of the 470 Changwon-gu, Changwon-si, as it was about 3-lane, to the bicycle long-distance distance from the side of the playground, depending on the three-lanes of the 470 Changwon-si, Changwon-si.

At the time, the Defendant changed the lane from the three lanes to the two lanes. In such a case, when the driver of a motor vehicle changes the lane, the driver of a motor vehicle has a duty of care to safely drive the motor vehicle so as not to obstruct the passage of other motor vehicles and prevent the accident by safely driving the motor vehicle.

Nevertheless, when the defendant was negligent in changing the course from the first lane to the second lane under the influence of alcohol as above and the course of the next lane was changed to the second lane, the defendant she shocked the front part of the driver's vehicle to the left side of the driver's vehicle of the victim E (29 years old) who was in the course from the same direction to the second lane.

Ultimately, the Defendant is treating the victim E by occupational negligence as approximately two weeks.

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