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(영문) 인천지방법원 2018.04.20 2018고단1050
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 5, 2007, the Defendant received a summary order of KRW 4 million from the Seoul Eastern District Court to a fine of KRW 5 million due to a crime of violating the Road Traffic Act (drinking), and on March 14, 2014, a summary order of KRW 5 million from the Seoul Southern District Court to a crime of violating the Road Traffic Act (drinking).

1. The Defendant is a person who is engaged in driving a motor vehicle with a hurburged vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On December 16, 2017, the Defendant driven the said taxi with a alcohol content of 0.069% while under the influence of alcohol during blood at around 04:50 on December 16, 2017, and continued the two-lane road in front of the “E” located in Gyeyang-gu Incheon Metropolitan City D, along with one-lane, at the upstream of the above-lane branch school, at a non-speed speed.

At the time, there is a night and a place where the center line of the yellow-line is installed, so there was a duty of care to ensure thorough operation of the driver in the front line and safe operation of the car line.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, was driven by the Defendant, on the front part of the instant vehicle driving by G K5-si driving by the victim F while driving a two-lane 2-lane road on the upper part of the upper part of the road in the vicinity of the gambling village by his negligence.

Ultimately, the Defendant suffered injury to the victim, such as cutting off laverization of the right-hands, which requires approximately 12 weeks of treatment, due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking) driving a vehicle under the influence of alcohol leveling 0.069% from the 17km section of approximately 17km to the “E” road located in Mapo-gu Seoul Metropolitan Government, from the front of a mutually influorous restaurant near the Hong-ri University located in Mapo-gu, Seoul, to the day before the said “E” road.

Accordingly, even though the defendant violated the prohibition of drinking under the Road Traffic Act at least twice, he/she is under the influence of alcohol again in violation of the relevant provision.

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