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(영문) 창원지방법원 2018.01.10 2017고단3661
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Records] Violation of Road Traffic Act (Drinking 2007): Imprisonment with prison labor for 6 months/ suspended sentence 2 years; violation of Road Traffic Act (Drinking 2008): Fine of 5 million won (the result of the appellate court’s reduction of the sentence of 6 months by the court below) and the total amount of 5 times (criminal facts)

1. The Defendant is a person who is engaged in driving a motor vehicle for Esch Rexrothton.

On August 29, 2017, the Defendant driven the said car under the influence of alcohol level of 0.076% from blood alcohol level around 14:50 on August 29, 2017, and driven the G road in front of the G in Kim Sea F in Kimhae City, along the two-lanes of the two-lanes between the two-lanes.

At the time, the Defendant was behind the victim H(46) car driving the above road which was fixed by the Defendant, and thus, the person engaged in driving service had a duty of care to prevent accidents by properly manipulating the preceding vehicle and the safety distance and properly manipulating the brake system.

Nevertheless, the defendant neglected this and failed to stop the vehicle of the defendant due to the negligence of the victim driving in close vicinity to the vehicle in front, which led to the failure of the victim to stop the vehicle of the defendant, thereby receiving the back of the passenger vehicle of the victim in front of the vehicle.

Ultimately, the Defendant suffered injury to the victim, such as light salt and tension, which requires approximately two weeks of medical treatment due to such occupational negligence.

2. Defendant 1, while under the influence of alcohol level 0.076% during blood, driven Eschtonton automobiles at the time and place specified in paragraph 1.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition on drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on driving alcohol;

1. Inquiry about criminal history;

1. The Acts and subordinate statutes as a survey report on actual conditions;

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