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(영문) 창원지방법원 진주지원 2017.12.12 2017고단643
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] The Defendant is a person who violated Article 44(1) of the Road Traffic Act on July 18, 2008 by receiving a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking) from the Changwon District Court's Jinju branch on July 18, 2008, and by receiving a summary order of KRW 1.5 million for the same crime at the same court on April 15, 201, respectively.

[Criminal facts]

1. The Defendant is a person who is engaged in driving a marina car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act.

On April 2, 2017, the Defendant driven the said car under the influence of alcohol content of 0.136% during blood transfusions on April 22, 2017, while driving the said car, and driving the intersection by the private indoor swimming pool of 32-2, Sacheon-ro, Sacheon-ro, Sacheon-ro, into the central high school from the side of the modern apartment.

In this case, a driver of a motor vehicle has a duty of care to prevent accidents in advance by failing to drive the motor vehicle while under the influence of alcohol, and by accurately manipulating the steering and brakes and accurately.

Nevertheless, the Defendant, while driving while under the influence of alcohol, was negligent in neglecting the above duty of care and proceeded along the above intersection as it is, and was under the influence of the victim D(42 S) driving E rocketing car driving ahead of the Defendant’s driver’s car, driving the above intersection from the boundary of the public playground to the south-hon village.

Ultimately, the Defendant, by such occupational negligence, suffered injury to the victim D, such as salt, tensions, and tensions in need of approximately two weeks of treatment, injury to the victim F (the 40-year-old age-old) who is a passenger of the said rocketing car, such as base and tensions in need of approximately three weeks of treatment, and injury to the victim G (the 42-year-old age-old) of the same passenger, such as base and tensions in the bones of the bones, which require approximately two weeks of treatment, and injury to the victim H (the 39-year-old-old-old-old-old-old-old-old-old-old-old-old-old-old-old-in-child-in-child-in-child-in-child-in-child treatment.

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