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(영문) 대전지방법원 서산지원 2013.09.13 2013고단349

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal power] On October 20, 2006, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on October 2006, and a summary order of KRW 1.5 million for the same crime at the same court on October 16, 2008, respectively.

【Criminal Facts】

1. On February 21, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) drive B-wing and three-lane cargo vehicles with a blood alcohol concentration of 0.081% under the influence of alcohol without obtaining a driver’s license on February 18, 2013; (b) led the Defendant to proceed one-lane of the road in front of the T-wing school located in the T-wing, T-wing, T-ri, T-ri, T-ri, T-ri, T-ri,

Since there is a center line of yellow-ray, there was a duty of care to ensure that a person engaged in driving of a motor vehicle is obliged to operate the motor vehicle thoroughly and safely.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, went along the opposite on the opposite road by the negligence near the center line, was driven by the victim C(30 years of age) to the right part of the front-way driver's right part of the D AlbaXG car driving along the opposite road. Then, the above AlbaXG car followed by the Defendant and then the victim E(49 years of age) traveling along the Defendant's right part of the front-way part of the driver's seat of the FTAXG car driven by the victim E(49 years of age).

The Defendant, by such occupational negligence, sustained injury to the victim G (30 years of age) who was on a car with the victim C and the Albatoon-car, for the 2-day medical treatment of each of the two-day medical treatment, and the victim H (49 years of age) who was on a car with the victim E and TraXG car, suffered from the injury of the brue and tension in the part requiring two-day medical treatment, respectively.

2. Violation of the Road Traffic Act and the Road Traffic Act;