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(영문) 대전지방법원 홍성지원 2017.01.11 2016고단729
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 September 2, 2010, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) from the Seosan Branch of the Daejeon District Court on September 2, 2010, and the summary order of KRW 2 million for the same crime in the same court on December 31, 2012.

1. The Defendant violated the Road Traffic Act (drinking) driven a sports car in the state of 0.091% alcohol concentration in blood from the front side of the restaurant in the name of 'friendly feasia located in the Eup/Myeon in the Chungcheongnam-nam Budget-gun, Chungcheongnam-do, Chungcheongnam-do, Seoul on May 10, 2016 to the front side of the same 3km.

2. 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 sports car.

On May 10, 2016, the Defendant driven the said car under the influence of alcohol content of 0.091% among blood transfusions on May 10, 2016, and led to the flow of the said car at a speed of 0.091% on the west-gun Budget C, the front side of the Chungcheongnam-do Budget C, into the west-si west-si west-si west-si west.

In this case, the driver has a duty of care to accurately operate the steering system, brakes and other devices of the vehicle, and to safely drive the vehicle according to the traffic conditions of the road and the structure and performance of the vehicle, and to prevent the accident by driving the vehicle.

Nevertheless, the Defendant neglected to do so due to negligence, thereby getting out of the road beyond the center line on the left side of the proceeding direction, and received the front part of the Defendant’s vehicle.

Ultimately, the Defendant’s occupational negligence caused the injury to the victim E, who was on the top of the Defendant’s vehicle, such as the alley of the left-hand body part, which requires approximately 8 weeks of medical treatment, and the victim F, who was on the back seat, requires approximately 12 weeks of medical treatment.

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