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(영문) 춘천지방법원속초지원 2020.09.02 2019고단421
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

[criminal power] On December 6, 2006, the Defendant was sentenced to a summary order of a fine of two million won for a violation of the Road Traffic Act (driving) at the Chuncheon District Court, etc. On November 1, 2012, the Defendant was sentenced to a suspended sentence of six months for a crime of violation of the Road Traffic Act (driving) at the Seocho District Court’s territorial branch on November 1, 2012. On September 23, 2015, the Defendant was sentenced to a suspended sentence of six months.

【Criminal Facts】

1. Around 10:50 on August 30, 2019, the Defendant driven Ccoon-line cargo vehicles with a blood alcohol content of about 5 km from the Do in front of Gangwon Yangyang-gun B to the 2527 km road in front of the flow distance, according to the riverwon Yangyang-gun, the Defendant driven Ccoon-line cargo vehicles with a blood alcohol content of about 0.097% under the influence of alcohol.

Accordingly, the defendant was driving under drinking not less than twice.

2. The Defendant, in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, is also a person who is engaged in driving cars of freight cars.

While the Defendant was under the influence of alcohol concentration of 0.097% on the date and time set forth in paragraph (1) above, the Defendant driven the above co-section bareboat cargo vehicle, and led to a four-lane road of the 2527-lane in front of the transmission distance from the 8th parallel surface to the two parallel surface in the 8th parallel parallel.

In this case, the driver of the vehicle has a duty of care to prevent accidents by properly operating the steering gear and operation of the steering gear and the brake.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and neglected to do so and neglected to do so, and due to the negligence in progress, he was driven by the victim D(51) who was in the atmosphere of left-hand turn-hand turn-hand turn-hand turn-on on the same lane on the same lane, and received the part of the cargo loaded on the off-line Band B as the front-hand part of the cargo vehicle.

Ultimately, the Defendant caused the victim to suffer injuries by occupational negligence, such as salt, tensions, etc. in the chills that require approximately two weeks of medical treatment.

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