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(영문) 대전지방법원 서산지원 2019.05.16 2019고단29
교통사고처리특례법위반(치상)등
Text

Defendant

A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment with prison labor of one year.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On November 22, 2013, Defendant A received a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on November 22, 2013, and was charged with summary charges on December 12, 2018 at the Daejeon District Court Seosan Branch of the Daejeon District Court for the violation of the Road Traffic Act (driving).

Defendant

B received a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court on September 10, 2009. On October 15, 2009, the Daejeon District Court issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act (driving) in Seosan Branch of the Daejeon District Court on October 15, 2009. On April 6, 2012, the Daejeon District Court issued a summary order of KRW 3.5 million as a penalty of violation of the Road Traffic Act (driving) in Seosan Branch of the Daejeon District Court.

【Criminal Facts】

1. Defendant A

A. From around 02:20 on December 8, 2018, the Defendant driven a F Lastren car with a 0.115% alcohol concentration in the 10km section from the D cafeteria near the D cafeteria located in Siljin-si to the E-road in the same city.

B. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving a rocketing car.

On December 8, 2018, at around 02:20, the Defendant driven the said car while under the influence of alcohol of 0.115%, and led the front of the road to proceed to the Han Jari-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-sur.

Since there is a center line of yellow-ray, there was a duty of care to ensure that a person engaged in driving service should thoroughly operate the entire city and safely in compliance with the tea.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent and proceeded with the central line while neglecting it, was under the influence of the Defendant’s vehicle, and the front right part of the Victim B(30 years old) G benz car was under the influence of the Defendant’s vehicle in front of the passenger car.

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