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(영문) 의정부지방법원 고양지원 2017.05.11 2017고단739
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 10, 2013, the Defendant was sentenced to a fine of KRW 3 million for a violation of road traffic law (drinking driving) in the Gyeyang Branch of the Jung-gu District Court on April 10, 2013. On July 18, 2013, the Defendant was sentenced to a fine of KRW 2 million for the same crime at the Seoul Western District Court on July 18, 2013. On May 19, 2015, the Seoul Western District Court sentenced the Defendant to a suspended sentence of KRW 8 months on October 24, 2015.

1. The Defendant is a person who is engaged in driving a cargo vehicle with a ton of C1 ton, in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On January 26, 2017, the Defendant driven the above cargo vehicle under the influence of 0.095% in alcohol during blood without a driver's license of a motor vehicle on January 14:36, 2017, while driving the vehicle in the influence of 0.095% in the blood, and driving the four-lane road in front of the E Company in Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu.

In such cases, a person engaged in driving service has a duty of care to drive after checking the safety of career and career.

Nevertheless, when the defendant was negligent in neglecting the duty of an exclusive drinking in the former while under the influence of alcohol, the defendant was found to have received the back portion of the back portion of the next left-hand side of the cargo as the front side of the said cargo vehicle, at the time of the victim F (37 Doe) driving, which was parked in three lanes, G3.6 tons at the same time.

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

2. On January 26, 2017, the Defendant driving a c1 ton cargo vehicle while under the influence of alcohol content of about 0.095% while under the influence of alcohol without a driver’s license from approximately 1.5km to the front road of the E company located in Mapo-gu Seoul Metropolitan Government Mayang-gu, Goyang-si, Goyang-si, Goyang-si, the upper party of violation of the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) on January 14:20, 2017.

In this respect, the Defendant did not obtain a driver's license twice.

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