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(영문) 대구지방법원 2016.09.29 2016고단2882

교통사고처리특례법위반등

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Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On January 27, 2016, the Defendant driven B Poter cargo under the influence of alcohol concentration of about 200 meters from a section of about 200 meters from the road in front of a place of fire in Daegu Northern-dong, Daegu-gu, to the front road of the National Postal Party located in Daegu-gu, the Defendant driven B Poter truck under the influence of alcohol concentration of about 0.108% from the road of about 200 meters.

2. The defendant who has violated the Guarantee of Automobile Damage Compensation Insurance shall not operate any motor vehicle on the road, which has been equipped with freight containers B and is not covered by mandatory insurance;

Nevertheless, on January 27, 2016, the Defendant operated the cargo vehicle not covered by mandatory insurance at a section of about 200 meters from the front of the border road in the Daegu Northern-dong to the front of the Dokdong-dong in Daegu-gu, Daegu-do.

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

On January 27, 2016, around 20:48, the Defendant driven the above cargo vehicle on the front of the friendly road in Daegu Northern-dong, Daegu-dong, and proceeded at a speed of about 50 km per hour according to three-lanes of speed from the surface of the west-do road to the west-do 4-lane road.

At that time, there was a victim C(28) driver's vehicle that stops in the front side of the Defendant's vehicle in the traffic signal atmosphere, and thus, the driver was obliged to live well on the front side and the right side, and to proceed with the operation at a safe speed and in a safe manner by accurately manipulating the operation and steering gear.

Nevertheless, the Defendant neglected this and failed to properly operate the brakes under the influence of alcohol, and failed to avoid the damaged vehicle standing in the front section, and received the part of the damaged vehicle behind the truck that the Defendant driven.

Ultimately, the defendant is negligent in the above occupational negligence.