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(영문) 창원지방법원 거창지원 2017.09.06 2017고단171
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

On June 30, 2010, the Defendant is a person who has been in violation of the provisions on prohibition of drinking under the Road Traffic Act on two or more occasions, such as: (a) a summary order of a fine of KRW 2 million for a violation of the Road Traffic Act, and (b) a summary order of KRW 4 million issued by the same court on October 29, 2015 for the same crime.

1. On May 23, 2017, the Defendant: (a) was driving a vehicle B cargo vehicle while under the influence of alcohol leveling 0.234% while under the influence of alcohol leveling 0.234%, from the first day of the day in front of the funeral hall in the head of Chang-gun, Chang-gun, Seoul Special Metropolitan City, to the front day of the funeral hall located in the same Eup/Myeon.

2. The Defendant is a person who drives B Poter Cargo Vehicles in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

Defendant 1 driven the said vehicle without a driver’s license while under the influence of alcohol level of 0.234% in blood at the time and place as referred to in paragraph 1 of the above, and driven the said vehicle at a speed from the Rafth to the fri speed in front of the hold funeral ceremony in the Chang-gun, Chang-gun, Seoul.

At the time, there are many pedestrians walking along the lane because no delivery is installed, so in such a case, the driver of the motor vehicle has a duty of care to prevent accidents by accurately manipulating the front door and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right of the driver of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was at the front part of the right side of the Defendant’s vehicle, where the victim C(32 Do) who was walking along the lane on the front side of the Defendant’s running direction due to the negligence of neglecting the front side of the Defendant’s driving.

Ultimately, the Defendant, by negligence in the course of performing such duties, inflicted injury on the victim, such as brain sugars without any two situations where there is no one in which approximately three weeks of medical treatment is open.

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