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(영문) 춘천지방법원 강릉지원 2018.04.05 2018고단103
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 December 18, 2012, the Defendant issued a summary order of KRW 4 million for a violation of road traffic law (driving without a license), a violation of road traffic law (driving without a license), and on January 4, 2008, the above court issued a summary order of KRW 3 million for the same crime and issued a summary order of KRW 3 million in total, five times in total, and six in total for a non-licensed driving power.

[Criminal facts]

1. The defendant is a person who is engaged in driving of a vehicle CPoter II in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

On January 26, 2018, the Defendant, without obtaining a driver's license for a motor vehicle at around 16:00, driven the foregoing cargo vehicle with a alcohol content of 0.069% while under the influence of alcohol during blood, and continued the intersection of the tri-distance in front of the gas charging station located in Gangnam-si D, Gangnam-si to the air Force airfield from the intersection of the Chop-dong intersection.

Since the location is a three-distance intersection, there was a duty of care to safely proceed with the vehicle that is driven around the driver and to ensure safety distance when the vehicle that is driven on the front side stops in accordance with the signals.

Nevertheless, under the influence of alcohol without a driver's license, the Defendant was at the front part of the freight truck of the Defendant, after the victim F(F, 44 years old) driver's G SP car which was stopped by a stop signal from the front side of the course due to the negligence of driving in the vicinity of the vehicle while neglecting it.

Ultimately, the Defendant suffered injury, such as salt, tension, etc., in need of approximately two weeks of medical treatment from the victim F and his/her female by occupational negligence, to the victim H (V, 43 years of age) who was on board the victim F and his/her female car.

2. The defendant is a person who has violated the provisions concerning prohibition of driving under the influence of alcohol not less than twice in the event of a violation of traffic laws on roads, and the traffic laws on roads, and is located in the Gangnam-dong of the city of the city of the city of the city of the city as referred to in paragraph (1).

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