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(영문) 창원지방법원 통영지원 2014.11.06 2014고단522
교통사고처리특례법위반등
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

[criminal power] On June 12, 2009, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act (driving) in the Changwon District Court’s Tong-gu branch on June 12, 2009. On May 28, 2008, the Defendant was sentenced to a fine of 3.5 million won for the same crime in the same court. On August 30, 2007, the Defendant was sentenced to a fine of 1.5 million won for the same crime in the same court.

【Criminal Facts】

1. Around 22:20 on March 25, 2014, the Defendant: (a) driven the B rocketing car from the front of the poppy road in the light drawing stability at the time of through (b) the passage to the industry located in about 1459-20 meters in the light drawing at the time of through (c) the 500-meter section of the blood alcohol concentration to 0.139% in the blood alcohol concentration.

As a result, the defendant was punished for the violation of the Road Traffic Act at least twice, and was driving a motor vehicle under the influence of alcohol again.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving B rocketing and other automobiles.

On March 25, 2014, at around 22:20, the Defendant driven the said car under the influence of 0.139% of blood alcohol concentration, and led the Defendant to drive the said car at a non-speed rate depending on the two-lanes from the yellow distance to the high speed.

At the time, the road is at night and at a bend, where the center of steel is installed, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle, while accurately operating the steering and steering gear, while maintaining the wheel line.

Nevertheless, the Defendant neglected the influence of alcohol and entered the said industrial road into the opposite direction of the Defendant’s running direction, and the Defendant committed a motor vehicle front of the victim C (Nam, 37 years old) driving, which was proceeding normally from the opposite direction of the Defendant’s running direction, with the negligence of driving in the reverse direction.

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