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(영문) 광주지방법원 2018.05.24 2018고단889
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal history] On July 13, 2007, the Defendant was notified of each summary order of a fine of three million won for a violation of road traffic law (driving alcohol), etc. at the Seoul Western District Court on February 11, 201, and a fine of five million won for the same crime, etc. at the Seoul Southern District Court on February 11, 201. On October 6, 2015, the Defendant was sentenced to one year for a violation of the Livestock Products Sanitary Control Act at the Jungbu District Court on May 13, 2016, and the parole period passed on July 31, 2016.

[Criminal facts] The Defendant is a person who is engaged in driving a CS350 bents car.

On January 22, 2018, the Defendant driven the said car at a speed of 0.061% alcohol level while under the influence of alcohol leveling to 0.061% on blood, without obtaining a driver’s license on January 22, 2018, and proceeded at a speed of about 60 to 70 km per hour at a speed of about 60 km in front of the agro-industrial complex located in the same number of agricultural and industrial complex at the same time on the schill, from the schilling side of the schill, along the schill of the two-lanes.

In such cases, when a person engaged in driving a motor vehicle follows the motor vehicle behind the motor vehicle traveling in the same direction, he/she has a duty of care to ensure that the motor vehicle traveling is under the duty of care to prevent accidents by securing a distance necessary to avoid drilling with the motor vehicle traveling ahead of it in case of sudden stop.

Nevertheless, the Defendant neglected this and was driving in close vicinity with the Defendant and was driving by the victim D(33) who was driven earlier.

E H-five vehicles shocked a panion to the front part of the Benz's car.

As a result, the Defendant suffered injury to the Defendant’s base and tension, which requires approximately two weeks of medical treatment by occupational negligence as seen above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. Notification of the results of the drinking control, records of drinking measurement, and inquiry of the results of crackdown on drinking driving;

1. The driver's license ledger;

1. A medical certificate;

1. Photographs of each traffic accident evidence;

1. Previous conviction in judgment: Criminal history, etc.;

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