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(영문) 대전지방법원 천안지원 2017.03.23 2016고단2341
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 27, 2006, the Defendant violated Article 44(1) of the Road Traffic Act by having been sentenced to a fine of 1.5 million won for the crime of violating road traffic law in the support of the Daejeon District Court on October 27, 2006, and on January 25, 2008, the above court was sentenced to a suspended sentence of 2 years for the above crime.

1. The Defendant also violates the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving of cargo cars.

On October 5, 2016, the Defendant driven the above-mentioned vehicle while under the influence of alcohol 0.139% in the blood transfusion around 17:50 on October 5, 2016, and led to two-lanes in front of the Northern-gu Seoul National University in Yanananan-si, Seoan-gu.

Since there were pedestrians walking around the road at the time, there is a duty of care to reduce the speed and prevent accidents in advance by properly examining the right and the right of the driver of the motor vehicle.

Nevertheless, the Defendant neglected to do so and proceeded around the right side of the road as it was, and the Defendant her failure to walk around the road in the same direction as the Defendant, was shocked toward the right side of the victim D(56) that driven by the Defendant.

Ultimately, the Defendant suffered injury to the above victim by negligence in the course of performing the above duties, such as salt dynasty, which requires approximately two weeks of treatment.

2. Defendant 1, as indicated in the above criminal records, driven a bareboat truck at the section of approximately 200 meters from the 200-meter radius to the front road of the Seoul National University, where he/she had a record of violating Article 44(1) of the Road Traffic Act on at least two occasions, while under the influence of alcohol at around 17:50 on October 5, 2016, 0.139% of 0.139% of the alcohol level during blood transfusion.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. The principal driver;

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