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(영문) 인천지방법원 부천지원 2017.11.02 2017고단1867
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On March 26, 2009, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court on March 26, 2009, and was sentenced to a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court on September 28, 201, and was sentenced to a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court on June 29, 201. On June 29, 2012, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act (drinking) at the Seoul Southern District Court on May 26, 2016, and the judgment becomes final and conclusive on June 3, 2016.

[Criminal facts]

1. The Defendant is a person who is engaged in driving of the Grand Cross in the Grand Cross in violation of the Special Act on the Settlement of Traffic Accidents.

On July 3, 2017, the Defendant, without obtaining a driver's license of a motor vehicle on July 12:20, driving the above marcing vehicle with the alcohol concentration of 0.24% in blood, and changed the three-lane road in front of Kimpo-si from the high village to the two-lane in the long-speed speed.

In such cases, a person engaged in driving of a motor vehicle shall not change course when it is likely to impede normal traffic of other motor vehicles in the direction of change, and he/she has a duty of care to safely change the lane and prevent accidents by operating the direction, etc. in advance, giving prior notice of change of course and keeping the traffic situation well, and by safely changing the lane.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting it and changing the course as it was, went through two lanes in the same direction as it was, followed by the victim E (48 ) who driven by the same direction, the front side of the driver’s car in the front side of the driver’s car was shocked into the front left side of the Defendant.

Accordingly, the Defendant is treating the victim E by occupational negligence as approximately two weeks.

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