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(영문) 대전지방법원 2018.09.04 2018고단1140
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On June 10, 2016, the Defendant was issued a summary order of a fine of three million won for a crime of violating road traffic law in the support of the Daejeon District Court Seosan, and on October 31, 2017, the Defendant was sentenced to a fine of five million won for the same crime in the same court.

[Criminal facts]

1. On November 19, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven B rocketing car under the influence of alcohol content of 0.066% in the blood while under the influence of alcohol without a driver’s license. On November 19, 2016, the Defendant proceeded at the speed of 60-70 km from the direction of the Niwon post office in the Seo-gu Seoul Metropolitan Government along the two lanes, along the four-lane streets.

At the time, there was a vehicle waiting for signal at the front door, so in such a case, the driver of the vehicle had a duty of care to properly see the right and the right of the front door, and to prevent the accident in advance by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected to do so, while under the influence of alcohol, and had been driven by the injured party C(46) waiting at the front of the said car at the front of the said car by the negligence of late operation, and received the part behind the said car, which was driven by the injured party C(46).

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as sugar in which there is no room in the two parts, which require an open treatment for about two weeks.

2. Although the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (Dless driving) had been punished twice due to driving of alcohol as above, the Defendant driven a Brocketing car without a driver’s license on the part of approximately 50 kilometers of alcohol concentration in the section of approximately 0.06% of alcohol concentration in blood from the road located in the Eup located in the Chungcheongnam-nam-gun, Chungcheongnam-do, Chungcheongnam-do, Seoul Special Metropolitan City during the day to the road at the same accident site as described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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