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(영문) 의정부지방법원 2019.10.22 2019고단1290
교통사고처리특례법위반(치상)등
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year;

2. Defendant B shall be punished by imprisonment for six months.

(2).

Reasons

Punishment of the crime

[criminal power] On January 29, 2009, Defendant A was sentenced to a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Jung-gu District Court on January 29, 2009; Defendant A was sentenced to a summary order of KRW 2.5 million for the same crime at the same court on January 5, 2012; Defendant A was sentenced to a summary order of KRW 2.5 million for the same crime on July 6, 2012 by the same court on July 6, 2012; Defendant A was sentenced to imprisonment for 10 months for a violation of the Road Traffic Act (driving) at Seoul High Court on February 19, 2013.

【Criminal Facts】

"2019 Highest 1290"

A. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) Defendant A is a person who operates DPoter II cargo vehicles owned by the Co., Ltd.

Defendant

A On January 11, 2019, around 00:40, at Sincheon-si Hocheon-si, a Soncheon-do Office 536 U.S. road was driven by the above cargo vehicle under the influence of alcohol concentration of 0.097%, while driving the above cargo vehicle in the state of blood alcohol concentration of 0.097.

Drivers engaged in driving service are prohibited from driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to prevent accidents by accurately manipulating steering and brakes.

Nevertheless, Defendant A is negligent in doing so and is proceeding.

The back part of the G SP car driven by the victim F (the age of 29) waiting for the signal before the same direction as the driver's-based driver's-based driver's-based driver's-based driver's-based driver's-based driver's vehicle

As a result, Defendant A sustained injury, such as “infection dynasium and tension,” which requires two-day treatment to the driver of the damaged vehicle F by negligence in the course of performing the above duties.

B. Defendant A violated the Road Traffic Act (driving) and Defendant A violated the duty not to drive under the influence of alcohol on at least two occasions on January 11, 2019 and committed a violation of the duty not to drive under the influence of alcohol at least 00:40 on January 11, 201, with approximately 1 km section from the I parking lot before the I parking lot in Macheon-si H to the front road of the office of the Gancheon-si located within 536 hours in the same Eup.

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