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(영문) 창원지방법원 진주지원 2017.07.19 2017고단245
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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 April 8, 2009, the Defendant was sentenced to imprisonment with prison labor for 4 months and 2 years of suspended execution due to a violation of road traffic law in the Jinwon District Court's Jinju branch on April 8, 2009. On April 17, 2012, the Defendant was sentenced to imprisonment with prison labor for 1 year and 3 years of suspended execution due to a violation of road traffic law in the Jinwon District Court's Jinju branch on April 17, 2012.

1. On December 8, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving a BEE car from around 150 meters to the front road of the school, such as a rewing house located in the Jindong-dong in the Jinju-si without a driver’s license, from around 11:00 to the front road of the school.

2. The accused is a person engaged in driving on board CM5 cars in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Violation of Road Traffic Act, and the violation of Road Traffic Act (non-licenseed driving).

On December 31, 2016, the Defendant driven the above car with alcohol content of 0.125% while under the influence of alcohol without a driver's license of a motor vehicle on December 31, 2016, and led the Defendant to drive the above car in the name asbestos at the time of Jinju, according to one-lane between the two-lanes from the Jinju bank to the flow of the luxular bank at the point where 300 meters elapse from the Jinju bank.

At the time, there is a night and a place where the center line and the center line of the yellow-ray are installed. In such a case, a person engaged in driving a motor vehicle has a duty of care to thoroughly perform the duty of all-time and accurately manipulate the steering and steering devices, thereby preventing accidents in advance.

Nevertheless, the Defendant neglected to do so and caused the Defendant to go beyond the median line installed on the left side of the running direction of the Defendant, and received the dick day installed on the side of the opposite vehicle in front of the said car.

Ultimately, the Defendant suffered from injury, such as pressure 1 chests, which requires approximately four weeks of medical treatment, to the victim D (58 tax, female) who was on board the said car due to such occupational negligence.

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