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(영문) 수원지방법원 안산지원 2018.08.22 2018고단1880
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 June 28, 2012, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court on the same day, and on July 20, 2015, issued a summary order of KRW 4 million as a fine for the same crime from the support of Suwon Friwon, and received a summary order of KRW 4 million from the same crime on July 20, 2015, the Defendant has violated Article 44(1) of the Road Traffic Act at least twice.

[Criminal facts]

1. The Defendant is a person who is engaged in driving a motor vehicle with a hurburged vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On January 16, 2018, the Defendant driven the said vehicle under the influence of alcohol level of 0.124% in blood without a driver’s license on January 16, 2018, and driven the said vehicle along three-lanes in front of the entrance of the 4381-ro 3381, a city interested at the time of vision, according to three-lanes in front of the entrance of the 4330-distance market at the time of vision, from the new, ceiling, and household street room, and went through the signal stop after leaving the atmosphere.

On the front of the defendant's driving direction at the time, the victim D (n, 29 years old)'s E-learning car was stopped in the atmosphere for signal signal, so in such a case, the driver of the motor vehicle had a duty of care to safely operate the steering gear and brakes accurately, thereby preventing accidents in advance.

Nevertheless, the Defendant neglected to stop the vehicle under the influence of alcohol, and due to the negligence of leaving the vehicle while the damaged vehicle was stopped, the front part of the Defendant’s driving vehicle was shocked with the rear part of the victim’s driving vehicle.

As a result, the Defendant suffered injury to the victim, such as “infection and tension,” which requires approximately two weeks of medical treatment by occupational negligence as above.

2. On January 16, 2018, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license), without the driver’s license, at a section of approximately 300 meters, from the front of the commercial non-exclusive road located in the new-dong-dong-dong-dong, Sinsul-si, Sincheon-si, to the front of the four-dimensional market entrance, 3381, a city interesting.

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