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(영문) 창원지방법원 진주지원 2018.06.19 2018고단151
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On October 4, 2006, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court's Jinju branch on October 4, 2006, and a summary order of KRW 2 million for the same crime at the same court on September 20, 2012.

[Criminal facts]

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a vehicle with C investment vehicle.

On January 17, 2018, the Defendant driven the said vehicle under the influence of alcohol content of 0.103% in blood around 16:45, while driving the said vehicle at the speed of 0.103%, and driven the two-lane road in front of the square of No. 10, which is located in the right-of-land of Jinju, from the IC side of Jinju to the square of No. 10.

A person engaged in driving service is prohibited from driving under the influence of alcohol, and at the same time, the victim D(69 S) driving in the front line of the same lane was a Eststa car in the same lane, so there was a duty of care to prevent accidents due to the accuracy of the front week.

Nevertheless, the Defendant suffered injury, such as a hot spring in which there is no room to treat the victim for about two weeks in advance of the foregoing vehicle by neglecting the back part of the damaged vehicle due to the negligence of the Defendant, which caused the Defendant to suffer injury, such as a hot spring in which there is no room to treat the victim for about two weeks.

2. The Defendant violated the Road Traffic Act (drinking driving) driving the said vehicle at a section of about 5km from the road front of the Poldo-dong 10-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si, while under the influence of alcohol content of 0.103% in alcohol during the light of the day indicated in paragraph (1).

Accordingly, the Defendant violated it more than twice even though he was prohibited from driving a motor vehicle under the influence of alcohol, and again driven the said motor vehicle under the influence of alcohol as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Reports on traffic accidents and on-site photographs;

1. A report on the detection of the primary driver and a report on the circumstances of the primary driver; and

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