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(영문) 창원지방법원 통영지원 2014.11.20 2014고단812
교통사고처리특례법위반등
Text

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

Reasons

Punishment of the crime

[criminal power] On May 12, 2010, the Defendant was sentenced to a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act (driving) at the Changwon District Court’s branch on May 12, 201. On June 27, 2011, the Defendant was sentenced to a suspended sentence of two years for the six-month period. On June 22, 2012, the Defendant was sentenced to a suspended sentence of six months for a crime of violation of the Road Traffic Act (e.g., refusal of measurement) at the Changwon District Court’s branch of the Busan High Court on June 22, 2012. On March 29, 2013, the Defendant was released on March 29, 2013 during the execution of the sentence and the parole period passed on April 13, 2013.

【Criminal Facts】

1. The Defendant violating the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a DNA-learning passenger car.

On August 2, 2014, at around 01:45, the Defendant driven the said car while under the influence of alcohol with 0.151% of alcohol concentration, and led the Defendant to drive the said car along two-lanes in front of the entrance of the Aju tunnel, which is located in the Aju-dong at a macro-si.

At night, the Defendant was at night, prior to the same direction, and the Defendant was followed by the passenger vehicle driven by the victim E (the age of 52). Therefore, the Defendant had a duty of care to secure and proceed with the safety distance to avoid when the said vehicle stops.

Nevertheless, under the influence of alcohol, the Defendant, while negligent in driving a string, shocked to the front part of the Defendant’s vehicle in front of the Defendant’s vehicle, following the FST525 vehicle driven by the said victim E in front of the passenger vehicle according to the red fM525 due to the negligence of driving the string, and due to the shock, the HM525 vehicle driven by the victim G (33 years old) who is in front of the vehicle in front of the vehicle was pushed back to the front part of the vehicle in front of the said passenger vehicle.

Ultimately, the Defendant, due to the above occupational negligence, suffered injury to the victim E, such as light salt in need of approximately two weeks of treatment, and approximately two weeks of treatment to the victim G.

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