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(영문) 대구지방법원 2016.07.14 2016고단2218

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal history] The Defendant is a person who violated the prohibition of driving under the influence of alcohol on at least two occasions, such as receiving a summary order of KRW 1.5 million due to a violation of road traffic laws, in the Seo-gu District Court Branch Branch of the Daegu District Court on May 7, 2007, and a fine of KRW 3.5 million due to a violation of road traffic laws (drinking driving) in the Seo-gu District Court Branch of the Daegu District Court on September 11, 2012.

[Criminal facts]

1. On April 30, 2016, the Defendant: (a) driven the E-wing truck at a section of about 15km from the Do in front of the office to the Do in front of the D Mart located in Daegu Northern-gu C while under the influence of alcohol content of 0.092% in alcohol during blood on April 14:10, 2016.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving of a sealed truck.

On April 30, 2016, the Defendant driven the above cargo vehicle in front of D Mart located in Daegu Northern-gu C on April 14:10, 2016, and led the Defendant to drive it at an insular speed along the four-lanes of the four-lane road from the front intersection of Tae-do to the front intersection of Tae-do.

At that time, there was a city bus No. 708 in G 708 of the F Driving who stops in the front door, and thus, the person engaged in driving service has a duty of care to reduce the speed and accurately operate the operation and steering gear in a safe speed and manner.

Nevertheless, the Defendant, as in Paragraph 1, did not neglect his/her duties and did not avoid urban buses standing on the front bank, and received the back part of the said urban bus with the front part of the freight vehicle driven by the Defendant.

Ultimately, the Defendant’s injury to the victim H (V, 49 years old) who was aboard the city bus due to such occupational negligence on the part of the Defendant, to the victim I (V, 65 years old), such as salt, tensions, etc. of the trend that requires approximately two-day medical treatment, and to the victim I (V, 65 years old).