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(영문) 대전지방법원 홍성지원 2017.08.29 2017고단374
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 18, 2007, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 3 million for a violation of road traffic law in the Hongsung Branch of the Daejeon District Court on September 16, 2009. On July 26, 2013, the Defendant was sentenced to a fine of KRW 3 million for a violation of road traffic law (e.g., drinking), and was sentenced to a suspended sentence of two years for ten months for a violation of road traffic law (driving) in the Red Sung Branch Branch of the Daejeon District Court on July 26, 2013.

[Criminal facts]

1. On April 18, 2017, the Defendant, at around 10:00, driven a D-to-bed motor vehicle under the influence of alcohol content 0.164% in a section of about 150 meters from the Seocheon Special Market parking lot located in Seocheon-gun, Seocheon-gun, Seocheon-do to the front intersection of the restaurant “sando” in the same way.

Ultimately, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol in violation of the said provision.

2. The Defendant is a person engaging in driving service of the said car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

Defendant 1 driven the said car at the above date and became left left at a speed of about 20 km from the outer side of Seocheon-head Port to the left-hand side of the Cheongdodo-head at the outer side of the said intersection, depending on the two lanes of the said intersection.

Since there was an intersection where a signal, etc. to operate with a yellow on-and-off light, there was a duty of care to reduce the speed to those engaged in driving of a motor vehicle, to take the right and the right, and to accurately manipulate the steering and brakes so as to prevent accidents in advance.

Nevertheless, Defendant E (77) was negligent in neglecting the influence of alcohol as described in the above paragraph (1) and did not immediately discover the front wheelchairs of the victim E (77) who entered the above intersection where the Cheongdododododododododododododododododododododododododododododododododododododododododododododododododododo.

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