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(영문) 수원지방법원 안양지원 2017.11.29 2017고단1732
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On October 10, 2008, the Defendant was issued a summary order of KRW 2 million for a crime of violating road traffic law at the Seoul Southern District Court, and on December 23, 2011, the Defendant was issued a summary order of KRW 2 million for the same crime at this Court.

[Criminal facts]

1. On July 15, 2017, the Defendant: (a) driven a motor vehicle of approximately 2 km in the Gu’s building distance from a Do near the entrance of the water supply market in the Gu, while under the influence of alcohol level of 0.097% at around 16:20, the Defendant was driving a motor vehicle of approximately 16:39 on the same day from a Do near the entrance of the water supply market in the Gu, while he was under the influence of alcohol level of 0.097%; (b) around 16:39 on the same day.

2. The defendant, who violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is engaged in driving service of low-priced automobiles as stated in the above paragraph 1.

At around 16:34 on the same day as the above 16:34 day, the Defendant driven the said low alcohol level of 0.097% while under the influence of alcohol during blood, and led to the driving distance of the B building as set forth in the above 1 to the speed of 60km from the side of the 2-lane apartment at the same time as one-lane between the two-lanes.

In this case, the driver has a duty of care to check whether there is a vehicle passing through the intersection after temporarily suspending the vehicle in accordance with the above red on-and-off signals, and to prevent accidents in advance by entering the intersection.

Nevertheless, while driving under the influence of alcohol, the Defendant did not temporarily stop in violation of the red on-and-off signal and did not temporarily stop and proceeded to the right side from the left side of the running direction of the Defendant, and received the victim D (47 ) driving E-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Ultimately, the Defendant’s above occupational negligence caused the Victim D to suffer approximately three weeks of treatment to the victim, and the Defendant’s vehicle with a strong front wall that needs to be treated.

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