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(영문) 춘천지방법원 강릉지원 2017.04.25 2017고단49
교통사고처리특례법위반(치상)등
Text

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

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

Reasons

Punishment of the crime

1. On December 7, 2016, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (dless driving) on the road near the village hall located in the Gangseo-si, Chungcheongnam-si, and the front road located in the same city C, the Defendant driven the Ewing-in cargo without obtaining a driver’s license, while under the influence of alcohol of 0.071% during blood while under the influence of alcohol.

2. Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving of a freight truck in the sealed class E.

The Defendant, as described in the preceding paragraph at the time of the border, driven the above cargo vehicle while under the influence of alcohol without obtaining a driver's license, and driven the two-lane road in front of the D in Gangnam-si C along the blue-do lux of the new seat with the blue-dong lux of the two-lane.

On the front of the Defendant’s running direction, the Victim F (45 cm) and the H SPP car driven by the Victim G (47 tax) were in the atmosphere of parking and signalling. In such a case, the driver of the vehicle has a duty of care to prevent the accident by safely driving the vehicle, such as keeping the safety distance with the vehicle in front and right, by accurately manipulating the front and right, and accurately manipulating the brake system with the vehicle in front of the vehicle, thereby maintaining the safety distance with the vehicle in front of the vehicle.

Nevertheless, the Defendant, while under the influence of alcohol without a driver’s license, neglected to do so while driving at the front time, neglected to do so, and led the Defendant to take the back part of the H SPP car driven by the victim G while stopping as the front part of the Defendant’s cargo vehicle, and due to the shock, caused the shock of the sPP car in the future, and led the victim F to receive the back part of the I SPP car driven by the victim F with the front part.

Ultimately, the Defendant is guilty of occupational negligence as above.

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