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(영문) 의정부지방법원 2016.09.08 2016고단1261

교통사고처리특례법위반등

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 24, 2008, the Defendant received a summary order of KRW 2 million as a fine of KRW 2 million for a violation of the Road Traffic Act from the Jung-gu District Court on June 24, 2008, and a summary order of KRW 2 million as a fine of KRW 2 million for a violation of the Road Traffic Act from the Suwon District Court on December 27, 2010. < Amended by Act No. 10318, Dec. 27, 2010>

1. A person who, while under the influence of alcohol on April 26, 2008 and August 6, 2010, the Defendant violated Article 44(1) of the Road Traffic Act not less than twice. Around April 21, 2016, the Defendant driving a C-wing truck under the influence of alcohol on at least two occasions. Around April 21, 2016, the Defendant driven a C-wing truck under the influence of alcohol content of about 0.119% from the 2km section of alcohol content from the fright to the bnd road. < Amended by Act No. 14388, Apr. 3, 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 a C-wing and freight vehicle.

On April 3, 2016, the Defendant driven the above vehicle while under the influence of alcohol on April 21:28, 2016, and proceeded at a speed of about 40km per hour from the nearest side with the three-lane road in front of the Gyeonggi Nam-si, B in the middle of the Gyeonggi-do.

At the time, there are nights and there is an intersection where signal lights are installed in the front section, and thus, in such a case, a person engaged in driving service has a duty of care to safely drive the front section and prevent accidents by operating the steering wheel and brakes accurately.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and proceeded with the Defendant’s negligence, shocked into the front part of the vehicle driven by the victim D(the age of 32) who was in the atmosphere of the signal at the front of the Defendant, which was driven by the victim D(the age of 32).

Ultimately, the Defendant caused the injury to the said victim D, such as salt bars, tensions, etc., which requires approximately two weeks of medical treatment, due to the above occupational negligence, and was accompanied by the said car.