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(영문) 광주지방법원 해남지원 2014.07.16 2014고단87

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant is a person who is engaged in driving of a small-sized cargo vehicle that is owned by the Defendant.

1. On March 22, 2007, the Defendant was sentenced to a suspended sentence of six months at the Gwangju District Court for a crime of violation of the Road Traffic Act on the grounds of a violation of the Road Traffic Act on March 22, 2007, and two years for a suspended sentence of six months at the Gwangju District Court for a crime of violation of the Road Traffic Act on November 5, 2009.

On March 1, 2014, while under the influence of alcohol content 0.136%, the Defendant driven the freight vehicle from around 1 km to the road near the new ginseng distance near the new ethm in the new eth, in the case of the instant ethic road, on March 1, 2014, where the Defendant was under the influence of alcohol level 0.136%.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act more than twice and drives a motor vehicle, etc. while under influence of alcohol in violation of Article 44(1) of the Road Traffic Act.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) driving of the above cargo vehicle at a temporary border as described in paragraph (1) above; and (b) driving the vehicle at the same time as indicated in paragraph (1) above at the same distance near the New Tririri-ri, Southern-gun, a one-lane road in the vicinity of the Newri-ri, Newri-

At the time, the day was low, and the slova was getting off, and the victim D (Nam, 32 years old) was driving on the front line, so the driver was obliged to maintain the safety distance and operate safely by clarifying the front line.

Nevertheless, the Defendant neglected to reduce the speed of the said car while under the influence of alcohol as above and found it late, and received the rear part of the said car as the front part of the said freight vehicle.

After all, the Defendant is in need of a two-day medical treatment against the victim D, who is a driver of the said passenger vehicle, and the victim F, who was on board the operation of the said passenger vehicle, for about 34 years of age.