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(영문) 춘천지방법원 강릉지원 2016.08.31 2016고단906
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving of B Lastren vehicles.

On May 8, 2016, the Defendant driven the above vehicle while under the influence of alcohol of 0.1% or more during blood alcohol, and changed the way to the two-lanes while driving the national highway No. D. 7 in the front of Gangnam-si, Gangnam-si, the capital of which is the main station for capital reduction, along the two-lanes.

At the time, there are night and road traffic vehicles. In such a case, the driver of the vehicle has a duty of care to check the progress of the vehicle in the direction in which the driver of the vehicle intends to change its course by living well on the front side and the left side, and to accurately operate the steering gear and the brake system, and to drive the vehicle safely.

Nevertheless, due to the negligence that the Defendant, while under the influence of alcohol, entered the right-hand side without properly examining the right-hand side and entered the two-lane, the Defendant received the part of the part of the victim E (n, 34 years old) driving in the same direction as the Defendant’s vehicle, in front of the left-hand side of the victim E(n, 34 years old) driving.

Ultimately, the Defendant did not immediately stop and take necessary measures while destroying the above NNS vehicle to repair KRW 2,03,173 due to such occupational negligence.

2. The Defendant is a person who is engaged in driving of B rocketing vehicles in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On May 8, 2016, at around 20:40, the Defendant driven the said vehicle under the influence of alcohol of at least 0.1%, while driving the vehicle at a place specified in paragraph (1) at a level above 0.1% of alcohol level, resulting in a traffic accident as described in paragraph (1), and driving the vehicle at the higher level than that of the Korean Agricultural and Fishing Villages Corporation (Seoul), while driving the vehicle to the original direction, the Defendant left the road to the right after receiving the central separation line installed therein, the right-hand protection wall, etc. from the Defendant’s vehicle, and leaving the road to the right.

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