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(영문) 청주지방법원 충주지원 2018.01.10 2017고단805
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 October 30, 2009, the Defendant was sentenced to a summary order of KRW 4 million due to a violation of road traffic law (drinking driving), etc. at the Cheongju District Court’s Assistance, and on February 27, 2015, the Defendant was sentenced to a summary order of KRW 5 million due to a violation of road traffic law (drinking driving), respectively. On November 11, 2016, the Defendant was sentenced to a suspended sentence of KRW 6 months by imprisonment with prison labor for a violation of road traffic law (dacting driving) and the said judgment became final and conclusive on November 19, 2016.

[Criminal facts]

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person engaging in driving motor vehicles using Clearning cars.

On September 14, 2017, the Defendant driven the said vehicle while under the influence of alcohol level of 0.118% from the blood alcohol level around 20:25 on September 14, 2017, and continued to drive the said vehicle in front of the Chungcheong City D, from the Gari Village to the Gamari-distance slope.

At the same time, there was a distinction between the central line and the non-regular intersection that does not have any signal, so in such a case, the person engaged in driving service has a duty of care to keep the classification of the vehicle well and safely proceed to the right side of the central line.

Nevertheless, the Defendant neglected this and proceeded with the center line in the direction of the opposite direction, and the upper part of the front part of the Franp car of the victim E(25) driving in the direction of the opposite direction was shocked into the front part of the vehicle left ahead of the left side of the Defendant’s vehicle.

Ultimately, the Defendant caused the victim E by negligence in the course of performing the above business so that the victim E suffered bodily injury, such as salt, tension, etc. in need of approximately 2 weeks of treatment, and the victim G (V, 24 years of age) of the victim of the victimized vehicle, respectively, with approximately 2 weeks of treatment.

2. The defendant and the defendant in violation of the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) are driving a motor vehicle without obtaining a driver's license under the influence of alcohol concentration of 0.118% during the day and the day specified in the above paragraph (1).

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