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(영문) 대전지방법원 홍성지원 2017.11.29 2017고단764

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal history] On May 28, 2010, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (dacting driving) with red support of the Daejeon District Court on May 28, 2010, and was sentenced to a fine of KRW 1,50,000 for the same crime in the same court on November 13, 2013.

[Criminal facts]

1. The defendant is a person who is engaged in driving service of B Poter cargo vehicles.

On August 17, 2017, the Defendant driven the above cargo while under the influence of alcohol 0.092% during blood transfusions, and led to the flow of two-lanes in front of the long-distance long-distance long-distance long-term long-term long-term long-term long-term long-term long-term long-term long-term long-term long-term long-term long-term long-term long-term long-term long-term short-term short-term long-term long-term long-term long-term short-term short-term short-term short-

The Defendant, prior to the same direction, was followed by D's car driven by the victim C, and thus, in such a case, the Defendant had a duty of care to take care of the traffic situation of the front road and its surrounding areas and to ensure safety distance to prevent accidents in advance.

Nevertheless, the Defendant did not seem to stop the damaged vehicle due to negligence while driving the vehicle, and received the back part of the damaged vehicle due to the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately three weeks of treatment due to occupational negligence as above.

2. Defendant 1 driven the above cargo while under the influence of alcohol concentration of about 0.092% from the 10km section from the front of the field of defry in the Seocheon-gun, Seocheon-gu, Chungcheongnam-do, Chungcheongnam-do to the place of the accident, even though he had been punished twice or more due to drinking, as stated in the above criminal records.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The actual survey report, on-site photographs of traffic accidents;