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(영문) 수원지방법원 2018.12.19 2018고단6194
교통사고처리특례법위반(치상)등
Text

1. The defendant shall be punished by imprisonment with prison labor for not more than ten months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On October 18, 2017, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on the grounds of a violation of the Road Traffic Act (Drinking) at the Gunsan Branch of the Busan District Court on June 29, 2012, which was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (Drinking without a license) at the Busan District Court's branch, and on November 27, 2009, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (Drinking) at the Gunsan Branch of the Busan District Court on the grounds of a violation of the Road Traffic Act, five times the charges were sentenced to a fine of KRW 3 million for a violation of the Road

[Criminal facts]

1. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving of 6 Kazers.

On September 20, 2018, the Defendant driven the above vehicle at around 08:50 on September 20, 2018, and directed D ahead of the Osan City at the speed from the parallel point to the parallel point.

In such cases, a person engaged in driving service has a duty of care to ensure safety distance that can be avoided in the event that the preceding vehicle stops well before and after the left without drinking, and to safely proceed so as to prevent accidents.

Nevertheless, the Defendant neglected this and failed to secure safety distance while under the influence of alcohol 0.183% without a driver’s license, and caused the negligence of operating it as it is without securing safety distance, and caused the driver’s length in front of the car driving of the victim E (V, 50 years old) who stops in the vehicle due to the driver’s body, and shocked with the driver’s length in front of the car driving of the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately three weeks of medical treatment due to occupational negligence as above.

2. The Defendant is under the influence of alcohol content 0.183% from the 6km section from the 690-3rd to the drd of Osan City in the daily border as stated in the above paragraph 1 to the 0.183rd of alcohol content in blood without a driver’s license.

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