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(영문) 전주지방법원 2017.11.07 2017고단860
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

1. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a car B K5 vehicle.

On April 9, 2017, the Defendant, while driving the said vehicle under the influence of alcohol level of 0.061% among the blood transfusion around 04:28, the Defendant stopped one lane among four-lanes in front of the D located in Yansan-gu Seoul Metropolitan City, Jeonju-si, and stopped for the atmosphere while driving the vehicle on the surface of the department department located in the Janbuk-gu, Janbuk-gu.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle while under the influence of alcohol, and since the area is adjacent to and down through a private road intersection with the center line, he/she shall accurately operate the brake during the stop for signal waiting so that the vehicle can not be pushed down into the downway, and he/she has a duty of care to prevent accidents in advance by driving the motor vehicle safely, such as driving on the right side of the center line.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol, by occupational negligence, when the said vehicle runs along the median line while running along the center line, and was driven by the victim E (56 years old) who was under the stop for the signal waiting in the direction opposite to the masting.

As a result, the Defendant suffered from the above victim’s injury, such as climatic salt, which requires approximately two weeks’ medical treatment on the part of the above victim due to occupational negligence, and injury to climatic salt and tensions that require approximately two weeks’ medical treatment on the part of the victim G (30 years) and H (30 years), respectively, to the victim G (30 years) and H (30).

2. On November 4, 2009, the Defendant was sentenced to a summary order of KRW 4 million by a fine of KRW 1 million due to a violation of road traffic law in the support of the Daejeon District Court of Daejeon District Court on November 4, 200, and on November 12, 2010, by imprisonment with prison labor of KRW 6 months and a suspended sentence of two years with prison labor for the same crimes, etc.

Nevertheless, it is not appropriate.

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