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(영문) 청주지방법원 충주지원 2016.02.05 2015고단568
교통사고처리특례법위반등
Text

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

Reasons

Punishment of the crime

[2015 Highest 568] On May 17, 2010, the Defendant received a summary order of KRW 1500,000,000,000 from the Cheongju District Court to a fine for a violation of road traffic law (driving under influence), and on November 7, 2011, the same court issued the same offense, etc.

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a vehicle with C low-typ.

On November 17, 2015, the Defendant driven the said car under the influence of alcohol level of 0.140% in blood, and changed the lane while driving the said car at a 0.140% at the influence of alcohol level, and driving the road in front of the intersection apartment in the direction of the training-dong office, which is located in the 266-lane of the Chungcheong City, toward the direction of the visible shooting distance at the direction of the training-dong office.

At the time, while at night, the victim D (59) is driving in front of the two-lanes, and in such a case, a person engaged in driving a motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident in advance by driving it well, such as accurately manipulating the steering direction and brake system of the motor vehicle.

Nevertheless, the Defendant neglected this and neglected to breathly changed the lane to prevent the Defendant from driving on the right side of the Defendant’s vehicle and received the rear part of the Defendant’s left side of the taxi.

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

2. The Defendant violated the Road Traffic Act (drinking driving) driving a motor vehicle with C low alcohol content of 0.140% from the 50-meter section of the 500-meter section to the front road of the front apartment building of the Jinnam apartment located in the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, a day, like paragraph 1, to the day.

Accordingly, the defendant is punished as a crime of violating the Road Traffic Act at least twice, and is under the influence of alcohol again.

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