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(영문) 창원지방법원 밀양지원 2017.02.15 2016고단617
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 three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On December 17, 2008, the Defendant was sentenced to a fine of KRW 3 million on December 17, 2008 to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (non-licenseed driving), on February 25, 2015, by the same court on February 25, 2015, for a violation of the Road Traffic Act (driving), a violation of the Road Traffic Act (non-licenseed driving), a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Death or Injury). On March 18, 2015, the Defendant was sentenced to a fine of KRW 7 million by the same court on March 18, 2015, and a violation of the Road Traffic Act (non-licenseed driving).

1. On September 24, 2016, the Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving of alcohol) driving a D-wing truck under the influence of alcohol with approximately 1km alcohol concentration of 0.178% while under the influence of alcohol without obtaining a driver’s license, from the section of approximately 1km from the cross-market to the “C- dental” front of the “C-G dental” located in the Dong-si-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (hereinafter “C-G dental”).

2. The Defendant is a person who is engaged in driving a D-wing and cargo vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On September 24, 2016, the Defendant driven the above cargo while under the influence of 0.178% alcohol concentration in blood without obtaining a driver’s license, and driven the two-lanes of the two-lane roads in front of the C D D D Dental Intersection, which are located in C Dental in the fast-si B, in the direction of the head of the Hague, moving to the terminal from the right edge of the Hague.

At the time, the Defendant entered a three-lane road, and thus, in such a case, a person engaged in driving service had a duty of care to closely examine the right and the right before entering the intersection and to prevent accidents, such as safelypassing along the three-lanes.

Nevertheless, the defendant neglected this and entered the right-hand route to a single-lane, and the defendant was proceeding along the two lanes from the side of the Ganyang Hospital to the side of the terminal.

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