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(영문) 인천지방법원 부천지원 2015.08.12 2015고단130
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On June 28, 2012, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Incheon District Court’s Busan District Court’s Branch on June 28, 2012, and a fine of KRW 1 million for a violation of the Road Traffic Act (driving) at the same court on July 19, 2012.

【Criminal Facts】

To the extent that it does not affect the defendant's exercise of his/her right to defense, the following facts charged shall be organized (C) and criminal facts shall be recognized:

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a vehicle BM3.

On December 19, 2014, at around 05:55, the Defendant driven the said vehicle while under the influence of alcohol of 0.108% of blood alcohol level, and led the Ocheon-gu E-ro from the direction of the original line to the home fluor.

Since there is a road where the center line of yellow-ray is installed, in such a case, a person engaged in driving service has a duty of care to thoroughly operate the front line and to safely operate the car line.

Nevertheless, under the influence of liquor, the Defendant was negligent in driving along the center line while neglecting this, and the part of the driver’s vehicle in front of the Defendant was driven by the victim D(the age of 48) who was parked in the signal atmosphere at the direction of the Defendant’s driving vehicle.

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

2. Violation of the Road Traffic Act;

A. The Defendant driven BM3 automobiles under the influence of alcohol level of 0.108% at the time, at the same time, and at a place as the above paragraph (1).

B. On December 24, 2014, the Defendant, while under the influence of alcohol around 01:40% of alcohol level, on the roads in the vicinity of Jungcheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-gu.

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