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(영문) 전주지방법원 정읍지원 2020.01.30 2019고단506
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for two years.

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

[criminal power] On February 22, 200, the Defendant issued a summary order of KRW 700,000 for a fine of KRW 1 million for a crime of violation of the Road Traffic Act, on March 11, 2004 in the same court, on July 16, 2010, a summary order of KRW 3 million for the same crime in the same court, and on January 4, 2012, a summary order of KRW 4 million for the same crime was issued in the same court.

【Criminal Facts】

The defendant is a person who is engaged in driving a CM3 car in the name of his spouse B.

1. Around 18:40 on October 16, 2019, the Defendant driven the said SM3 car while under the influence of alcohol content of about 0.108% at the section of about 10km from the road near the high cargo loading box located in the Chang-gun, Chang-gun, Jeollabuk-do, Jeollabuk-do to the front day of the entrance of the village located in the new Gun, in the same military.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said vehicle under the influence of alcohol of 0.108% with a blood alcohol concentration 0.108% as stated in paragraph (1) and driven the said vehicle at the entrance of the village located in the new ero-Gun, Chang-gun, Jeollabuk-do, Jeollabuk-do, which is a one-lane, at the same time, at the intersection of the king forest street from the sanggro-distance intersection to the s

At the time, the center line of the yellow-ray is installed at night and there is a place where the yellow-ray is installed, so in such a case, a person engaged in driving the motor vehicle has a duty of care to thoroughly operate the motor vehicle at the front and to safely operate the motor vehicle.

Nevertheless, the defendant's negligence while driving while under the influence of alcohol while neglecting this, is the part on the left side of the EM5 vehicle driven by the victim D (W, age 45) who was driven by the victim D (W, age 45).

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