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(영문) 대전지방법원 2017.11.15 2017고단3447
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 March 4, 2008, the Defendant received a summary order of KRW 700,000 from the Daejeon District Court to a fine for a crime of violating the Road Traffic Act. On November 19, 2013, the Defendant received a summary order of KRW 3 million from the same court as a crime of violating the Road Traffic Act.

Criminal facts

1. The defendant is a person who drives Bk5 motor vehicles in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On May 24, 2017, the Defendant driven the said car under the influence of alcohol content of 0.186% among blood transfusion around 21:00, and continued to proceed to the intersection of Bohsan-distance in Seosan-dong, Daejeon, Seogu, Seogu, Seo-gu, Seo-gu, with the 3-lane of carbon disease control.

At this point, the signal lights are installed and the crosswalks are installed, so the driver of the motor vehicle has a duty of care to properly see the front side and to prevent the accident by accurately manipulating the steering and brakes.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in entering the above intersection with his duty of care as seen above and making it difficult for him to enter the above intersection, and was under the influence of the victim C(31) who was standing in front of the front crosswalk, and was under the influence of the pedestrian traffic before the front of the driver’s car.

In the end, the Defendant suffered injury to the victim by negligence in the course of business, such as salt ties and tensions, which require approximately two weeks of treatment.

2. On May 24, 2017, the Defendant: (a) driven a Bk5 car at the section of approximately 500 meters alcohol level, while under the influence of alcohol, from around 00 meters in the direction of 0.186% of alcohol level to the mountain-distance intersection in front of a mutually influent restaurant located in the Seo-gu, Seo-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City).

Accordingly, the defendant, who violated the prohibition of drinking alcohol driving regulations not less than twice, was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. Police in relation to C.

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