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(영문) 대전지방법원 서산지원 2015.07.24 2015고단402
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten 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

[criminal power] On April 10, 2014, the Defendant received a fine of two million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on April 10, 201, and a summary order of four million won for a violation of the Road Traffic Act (driving) from the Daejeon District Court on October 6, 2014.

【Criminal Facts】

1. On February 6, 2015, the Defendant was driving C 2 small-sized cargo under the influence of alcohol concentration of about 0.129%, without obtaining a driver’s license, at a section of about 10 meters from the 10-meter distance toward the high-line side on the roads located in the joint venture market in the Jijin-si, Jin-si, Jin-si.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license in violation of the above provision.

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 C-2 small cargo vehicles.

On February 6, 2015, the Defendant driven the foregoing cargo while under the influence of alcohol, as described in paragraph (1), and proceeded from the side of the joint venture terminal to the high speed on the road in the joint venture market in the Maduk-Eup, Sudon.

Since there is a mixed market, there was a duty of care to prevent accidents in advance by safely checking whether a person engaged in driving of a motor vehicle is a person who will reduce the speed for the person engaged in driving of a motor vehicle, and whether he/she has a way to see well.

Nevertheless, the defendant neglected this and did not correct the back of the above cargo, and did not correct it properly, and caused the victim D(37 years of age) to shock the right shoulder part of the above cargo while opening the back door to the right side of the above cargo.

Ultimately, the Defendant’s occupational negligence requires approximately two weeks of treatment to the victim.

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