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(영문) 창원지방법원 통영지원 2015.11.04 2015고단791
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

[criminal power] On August 11, 2006, the Defendant received a summary order of KRW 2 million as a fine of KRW 2 million for a violation of the Road Traffic Act (driving) from the Changwon District Court’s branch on August 9, 201, a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) from the Jeonju District Court on August 9, 201, and a fine of KRW 5 million for a violation of the Road Traffic Act (driving) from the Changwon District Court’s branch on February 26, 2014, respectively.

【Criminal Facts】

1. On June 27, 2015, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) not less than twice, and operated CK5 vehicles (registration in the name of the Defendant) from the front of the KF Hospital in the direct Dong-dong at the time of the Tong Young-dong to the front of the KF Hospital at the time of the Tong Young-dong, under the influence of alcohol by 0.192% of the blood alcohol concentration without obtaining a driver’s license, on or around June 27, 2015.

2. On June 27, 2015, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, at around 22:00, driven a vehicle of CK5 with a blood alcohol concentration of 0.192% while under the influence of alcohol without obtaining a driver’s license, and driven a two-lane road in front of the KF Hospital, which runs from the west East-dong, at the speed of about 40km in speed from the southwest to the west intersection.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle in a safe way, such as accurately manipulating the brakes, steering gear, etc. in a clear mental state that is not under the influence of alcohol.

Nevertheless, the Defendant’s negligence in neglecting the above duty of care and temporarily stopped the vehicle from the offline to the offline by the victim D (the age of 51) who was driven by the victim D(the age of 51) who was driving in accordance with the new subparagraph (the age of 51) shocked the back part of the vehicle into the front part of the above vehicle, and the victim F(the age of 19) who was waiting for the signal signal in front.

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