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(영문) 창원지방법원 마산지원 2018.10.31 2018고단963
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

On June 27, 2011, the Defendant was issued a summary order of KRW 4 million by the Changwon District Court for a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 6 million by the same court on November 18, 2013, respectively.

1. The Defendant is a person who is engaged in driving a passenger car with B low-speed car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On August 18, 2018, the Defendant driven the said car under the influence of alcohol content of 0.141% during blood transfusions on August 16:35, 2018, while driving the said car into the 0.141%, the Defendant shocked the back-line of the victim E (29 years old) driving in the front of the said car in the front of the said high-speed car, which was in front of the D oil station C in the Changwon-si, the Changwon-si, a member of the Changwon-si, who was under the influence of alcohol, due to occupational negligence and was in the front direction of the city.

Ultimately, the Defendant caused the above victim’s injury by occupational negligence, such as salt, tensions, etc., in need of approximately two weeks of treatment, and the victim G (V, 30 years of age) who was on a passenger car in the said spawn zone, by causing approximately two weeks of treatment. In addition, the Defendant suffered injury, such as salt, tensions, and tensions of the above spawn and other parts of the spawn for two weeks of treatment.

2. Although the Defendant violated the Road Traffic Act (drinking) had twice the history of punishment for driving under the influence of alcohol as above, the Defendant again driven the said low-speed car in the section of about 8 km from around 10k meters to the front distance of D gas stations located in the Sinsan-si C on August 18, 2018, while under the influence of alcohol content 0.141% during blood transfusion at around 16:35 on August 18, 2018.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Each written diagnosis;

1. Written inquiries, such as criminal history;

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