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(영문) 창원지방법원 거창지원 2015.09.23 2015고단191
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to six months of imprisonment with prison labor for the crime of obstruction of performance of official duties in the Changwon District Court's Branch on November 20, 2013, and two years of suspended execution. The judgment becomes final and conclusive on November 28, 2013, and is still under suspended execution.

【Criminal Facts】

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving of Category C cargo vehicles.

On March 31, 2015, the Defendant driven the above cargo while under the influence of alcohol of 0.079% with a blood alcohol concentration of 20:30%, and led to the progress of the Defendant’s operation of the above cargo in the vicinity of the entrance of the Young-gu Village located in the Yancheon-gun, Seocheon-gun, Gyeongcheon-gun.

At night, as a person engaged in driving of a motor vehicle was at night, there was a duty of care to prevent accidents by accurately manipulating the steering gear and operating the steering gear.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting the above duty of care, abandoned the road to the right-hand side of the proceeding by neglecting the foregoing duty of care, and shocked the sidewalk, seat, telegraph, etc., thereby moving the said cargo vehicle to the former.

After all, the Defendant suffered injury, such as a diversating the treatment days, from the victim D (the age of 55) who was on board the above cargo vehicle due to the above occupational negligence.

2. On May 27, 201, the Defendant was issued a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court's branch office, and on July 29, 201, at the same court, issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving).

Despite the fact that the Defendant had been punished twice or more for violating the Road Traffic Act as seen above, at around 20:30 on March 31, 2015, the area is about 5 km from the vicinity of a restaurant located in Gohap-gun, Gyeongcheon-gun, Gyeongcheon-gun to the road near the entrance of the 2nd village in the Youngcheon-gu, Gyeongcheon-gun.

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