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(영문) 대전지방법원 홍성지원 2017.11.29 2017고단737
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

[criminal history] On October 17, 201, the Defendant received a summary order of KRW 2.5 million as a crime of violating road traffic law (drinking driving) in the Daejeon District Court’s Red support on October 17, 201, and KRW 4 million as a same crime in the same court on April 30, 2015.

[Criminal facts]

1. On August 25, 2017, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (drinking without a license) on at least two occasions, and operated a motor vehicle without obtaining a driver's license under the influence of alcohol concentration of 0.185% from the section of about 10 km of approximately 10km to the roads near the office of the Democratic Nowon-gu, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-do, 32, a 35-ro, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-do, and the same military road.

2. The Defendant is a person engaging in driving service of the said car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On August 25, 2017, at around 20:00, the Defendant proceeded at an insular speed in the vicinity of the summit of the high tidelands of the said swine, along the 2-lanes of the two lanes, from the luminous distance slopes.

At the time, the victim C driver was at night, and at all times, the victim C driver was driving in the same direction along the same lane as the defendant, so there was a duty of care to reduce the speed of the driver, to live well on the right and the right of the driver, to accurately manipulate the steering and the operation of the steering system, and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and received the rear part of the said two-wheeled vehicle as the front part of the said two-wheeled vehicle due to the negligence of driving the said vehicle while under the influence of alcohol without obtaining a driver's license as stated in the above paragraph 1.

Ultimately, the Defendant’s occupational negligence requires approximately 12 weeks of treatment to the victim.

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