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(영문) 춘천지방법원 2016.05.26 2016고정165

교통사고처리특례법위반등

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of the Lone Star Cargo Vehicle B.

On August 9, 2015, the Defendant driven the above cargo while under the influence of 0.101% of alcohol during blood alcohol around 11:38, and driven the above cargo at a speed of 40km per hour at a speed of 40km per hour in Seoul, Yangyang Highway, Seoul, which is located at the south of Chuncheon, along both sides, at a speed of 3-lane 40 kilometers per hour in Seoul.

At the time, the Defendant followed the D's low speed driving of the victim C(58) driving prior to the same direction, and thus, the Defendant had a duty of care to secure and proceed with the safety distance to avoid when the vehicle stops.

Nevertheless, the Defendant, while under the influence of alcohol, deemed that the Defendant stopped a vehicle with the highest level of driving of the victim E (27 years old), which was driven earlier by the victim C due to the negligence of driving the vehicle in close vicinity, and did not avoid it, and led the above low level of driving, and caused the above high level of car to shock the above high level of car.

Ultimately, the Defendant: (a) by such occupational negligence, caused the injury of the victim C, who is a driver of the said high-speed car, such as light scopher for about two weeks of treatment; (b) the injury of the left-hand scopher to the left-hand scopher; (c) the injury of the scopher’s salt, tension, etc. requiring approximately two weeks of treatment to the victim G (hereinafter referred to as the “victim”) who is a passenger of the said high-speed car; (d) the injury of the scopher’s base and tension requiring approximately two weeks of treatment to the victim H(58) of the same passenger; (e) the injury of the scopher’s scopher, requiring approximately two weeks of treatment; and (e) the injury of the scopher’s base and tension, requiring approximately two weeks of treatment to the victim I (28 years of age) who is a driver of the said high-speed car; (b) the victim’s 28 years of the said high-speed.