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(영문) 창원지방법원 밀양지원 2019.02.14 2018고단515
교통사고처리특례법위반(치상)등
Text

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

Reasons

Punishment of the crime

[criminal power] On August 4, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) in Changwon District Court’s closely support on August 4, 2016, and completed the execution of the sentence on January 30, 2017.

【Criminal Facts】

1. On April 15, 2009, the Defendant is a person who has been sentenced to imprisonment for 2 months with prison labor for a violation of the Road Traffic Act at the Changwon District Court in Gwangju on April 15, 2009, with a fine of 5 million won or more for a violation of the Road Traffic Act at the Changwon District Court in Gwangju on October 26, 2010, with a suspended sentence of 8 months for a violation of the Road Traffic Act at the Changwon District Court in February 5, 2015, with a suspended sentence of 2 years for 8 months and 6 months for a violation of the Road Traffic Act at the Changwon District Court in Changwon Branch Branch on August 4, 2016.

Nevertheless, at around 09:20 on September 16, 2018, the Defendant driven a F-to-purd vehicle with a blood alcohol concentration of approximately 0.213% under the influence of alcohol from the 1km section to the front road of the E Hospital located in Mayang-si B.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a motor vehicle of Fa-purd motor vehicle.

On September 16, 2018, at around 09:20, the Defendant, while under the influence of alcohol, driven the said car, and driven the three-lane road in front of the E Hospital D at the right time of pushed, along the three-lanes of the road from the mobile slope to the trigate of the road.

Since there are crosswalks in which signal lights are installed on the front door, there was a duty of care to prevent accidents by properly examining whether there is a vehicle that stops according to the stop signal by reducing the speed and putting the front door on the driver.

Nevertheless, the defendant neglected to do so under the influence of alcohol and continues to stop in the front of the crosswalk in accordance with the stop signal due to the negligence of the defendant.

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