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(영문) 창원지방법원 마산지원 2018.10.23 2018고단805
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Criminal facts

1. On March 17, 2008, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a crime of violating the Road Traffic Act (drinking) at the Changwon District Court on March 17, 2008; on November 9, 2009, the same court issued a summary order of KRW 2,50,000 to a fine for the same crime; on October 28, 2015, the Defendant was sentenced to a fine of KRW 7 million due to a crime of violating the Road Traffic Act (drinking) at the Changwon District Court Support.

On April 27, 2018, the Defendant driven a motor device under the influence of alcohol by 0.179% in a section of approximately 1.9km from the front of the apartment building B in Changwon-si, Changwon-si to the front road of the “D” located in Changwon-si, Changwon-si, the Changwon-si, the Defendant driven a bicycle under the influence of alcohol by 0.179% in alcohol level.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

2. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, who is engaged in the business of driving a bicycle.

On April 27, 2018, the Defendant driven a bicycle under the influence of alcohol, as set forth in paragraph (1) of the same paragraph, and driven the three-lane road in front of the “D” in the Changwon-si, a member city of Changwon-si, on the side of the Msan Police Station, along the two-lane distance.

Since there is an intersection where signal lights are installed, there was a duty of care for a person engaged in driving duty to drive safely according to the signals.

Nevertheless, while under the influence of alcohol, the Defendant neglected to stop on the road and went beyond the road by shocking the victim F (the age of 25) who crosses a certain point out of the crosswalk from the left side to the right side of the crosswalk according to the pedestrian safety by the negligence, which led the Defendant to go beyond the road.

Ultimately, the Defendant suffered injury to the victim, such as a closed-down frame, which requires approximately eight weeks of treatment, due to such occupational negligence.

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