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(영문) 대전지방법원 홍성지원 2018.11.06 2018고단589
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On November 26, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Hongsung Branch of the Daejeon District Court, and a summary order of KRW 2.5 million for the same crime at the Chungcheong District Court on February 5, 2008, respectively.

[Criminal Facts]

1. The Defendant violates the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a freight vehicle B in the wing-on truck.

On June 25, 2018, the Defendant driven the above cargo while under the influence of alcohol 0.084% during blood transfusions on June 25, 2018, and led the Defendant to drive the said cargo along the influence of alcohol 0.084%, along with one lane from the math line to the math line.

At this point, a bend and a yellow-ray center line are installed. In such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by driving the motor vehicle in a safe manner by complying with the vehicle line and driving the wheel and the right and the right and the right and the right and the right and the right of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to commit so and proceeded with the center line, thereby putting up pedestrian safety fences and street trees installed on the left-hand side of the running direction of the Defendant at the front-hand part of the said cargo vehicle.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim D (V, 52 years old), who is the passenger of the foregoing cargo vehicle, on the part of the victim D (AW), 1 support of the pelvis 1, which requires approximately six weeks of medical treatment, and on the part of the victim E (CW) of the same passenger, the injury to the pelvis 12, which was accompanied by the left-hand pelvis francing that requires approximately twelve weeks of medical treatment.

2. Defendant 1, as seen above, has been punished twice or more for violating the Road Traffic Act (drinking driving), and Defendant 1, as the above, on the road front of the G convenience store located in the Seocheon-gun, Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-do, the date and time specified in paragraph 1, to the front of paragraph 1.

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