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(영문) 춘천지방법원 속초지원 2014.10.22 2014고단244

교통사고처리특례법위반등

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 two years from the date of the final judgment.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving freight B.

Around 06:40 on May 6, 2014, the Defendant driven the above cargo vehicle at a speed that does not know about the “franc telecommunication” front of the “franc telecommunication,” which is in the early intersection of the Sinsi City, along the two-lanes from the sloping Party to the sloping Party.

At the time, as the Defendant tried to make a right-hand, there was a duty of care to reduce speed and drive safely by checking the right and the right and the right of the person engaged in driving service.

Nevertheless, under the influence of alcohol, the Defendant: (a) discovered a bicycle driven by the victim C (75 years of age) who was in the right side of the course due to the negligence bypassing it; and (b) caused the victim’s left loss, etc. to be loaded onto the right side of the said cargo due to the negligence that did not avoid it.

As a result, the Defendant suffered from the victim’s negligence in the above business, which requires approximately 10 days of treatment.

2. On June 3, 2009, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act at the early branch of the Chuncheon District Court as of June 3, 2009, and on September 20, 201, the Defendant was sentenced to a suspended sentence of one year for a period of eight months.

On May 6, 2014, at around 06:10, the Defendant driven a B-be truck under the influence of alcohol content 0.127% of alcohol content on the front of the Gangwon-gun D House, at around 06:40 on the same day, up to the road in front of the Susung-si D House, the Defendant driven a B-be truck under the influence of alcohol content 0.127%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual survey report and photographs concerning traffic accidents;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. A medical certificate;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (A), investigation reports (the same type of force judgment, etc.); and