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(영문) 전주지방법원 2019.02.19 2018고단2174
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who violates the Act on Special Cases concerning the Treatment of Traffic Accidents (Bodily Injury) is a person engaging in driving service of two low-priced automobiles;

On October 18, 2018, the Defendant driven the above vehicle while under the influence of alcohol with 0.067% of the blood alcohol concentration of 0.067% at around 50: (a) and got straight along the intersection of peace distance from the west-dong to C from the west-dong along the three-lane distance.

At night and its location is a private-distance intersection where signal lights are installed, so the driver of the motor vehicle has a duty of care to see the front side and the left side and safely drive the motor vehicle according to the new code.

Nevertheless, due to the negligence of neglecting this, the Defendant was driven by the victim D (year 47) who was proceeding under the new code from the right side of the Defendant’s vehicle to the left side, and received the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered from the victim F (50 years of age) who was on board the said D and the said taxi due to the foregoing occupational negligence, for approximately two weeks of medical treatment.

2. On July 23, 2009, the Defendant received a summary order of KRW 500,000 from the Jeonju District Court to a fine of KRW 500,000 as a crime of violation of the Road Traffic Act, and on August 16, 2011, the Defendant received a summary order of KRW 3 million as a fine for the same crime at the same court.

At the date of Paragraph 1, the Defendant driven, from the front of the H main point in Seojin-gu Seoul Metropolitan City, G to the front of the peace shooting distance in the Yan-dong in the Jeonju-si, the Defendant driven a B-hand car with the blood alcohol concentration of about 0.067% under the influence of alcohol at approximately 5km from the front of the H main point in the Jeonjin-gu, Seoul Metropolitan City.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and drives a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident;

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