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(영문) 수원지방법원 2019.01.08 2018고단5916
교통사고처리특례법위반(치상)등
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

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On August 23, 2018, the Defendant driven the said vehicle under the influence of alcohol of 0.154% without obtaining a driver’s license on August 23, 2018, and driven the said vehicle along one-lane in the direction of sperm death distance in the direction of the underwater death distance.

At the time of night, however, the transition of the front door, and the front door, the driver of the vehicle had a duty of care to take care of the front door and the front door, and to prevent the accident in advance by accurately manipulating the operation and the steering gear of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to perform his duty at the front time, and neglected to perform his duty at the front time of the vehicle operation of the victim E(the age of 22) who was under way before the direction of the vehicle operation. The lower part of the passenger car back was shocked with the front part of the Defendant car.

Ultimately, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately two weeks of medical treatment, due to such occupational negligence.

2. The Defendant is a person who has driven a motor vehicle under the influence of alcohol on March 1, 2013 (the issuance of a summary order of KRW 4 million at the Suwon District Court on May 22, 2013), driven a motor vehicle under the influence of alcohol on August 27, 2016 (the issuance of a summary order of KRW 6 million at the Suwon District Court on October 26, 2016) and Article 44 (1) of the Road Traffic Act at least twice.

On August 23, 2018, the Defendant is under the influence of alcohol by 0.154% in blood alcohol concentration without obtaining a driver’s license from around 21:30 on August 23, 2018 to around 21:30 on the same day from the roads near the G market in Suwon-si, Suwon-si, Suwon-si to the roads in Suwon-si C.

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