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(영문) 대구지방법원 영덕지원 2019.07.17 2018고단176
교통사고처리특례법위반(치상)등
Text

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

Reasons

Punishment of the crime

On July 5, 2012, the Defendant was sentenced to a summary order of KRW 7 million for the violation of the Road Traffic Act (driving) due to the violation of the Road Traffic Act in the Suwon District Court’s Ansan Branch on July 5, 2012; on September 20, 2012, the same court issued a summary order of KRW 5 million for the same crime; and on September 5, 2013, the Defendant was sentenced to six months of imprisonment with labor for the same crime, etc. in the same court.

1. The defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On July 21, 2018, at around 23:32, the Defendant driven the said car with a blood alcohol concentration of 0.168% 0.168%, and continued to drive the national highway No. 4650-8 located in Yong-gu, Young-gu, Young-gu with a speed of about 50km from the territory of Young-gu to C.

Since the place is where the center line of yellow-ray is installed, there was a duty of care to prevent accidents in advance by driving safely without breaking the center line to those engaged in driving of motor vehicles.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the center line with the driver’s negligence, and the part of the left part of the victim’s E Spath-on vehicle of the E Spath-on vehicle of the victim D (Nam, 32 years old) who is driving the center line with the driver’s length in front of the left part of the vehicle.

As a result, the Defendant suffered injury to the victim, such as salt, tension, etc. in the part of a tree that requires approximately two weeks of medical treatment due to such occupational negligence.

2. Despite the previous conviction in the judgment, the Defendant was driving a vehicle as stated in paragraph (1) while drunkly under the influence of 0.168% of blood alcohol concentration without obtaining a driver’s license in the 5km section from the F to the place specified in paragraph (1) of this Article, the date and time limit specified in paragraph (1) of this Article.

Accordingly, the defendant is a person who has violated the prohibition of drunk driving at least twice, and is under the influence of alcohol in violation of the above provision.

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