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(영문) 춘천지방법원 2014.06.26 2014고단213
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 16:30 on March 10, 2014, the Defendant was driving C high-class three cargo vehicles under the influence of alcohol without obtaining a driver’s license in the section of about 2km from the front of the Defendant’s home located in Chuncheon-si B to the front of the KAcheon-si elementary school located in 134 at the same speed, from around 16:30 on March 10, 2014.

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 salary class 3 freight vehicles.

On March 10, 2014, as stated in Paragraph 1, at around 16:30, the Defendant driven the above cargo without obtaining a driver's license, and driven the above cargo along the two-lane road in front of the Kancheon-si, Chungcheongnam-do, 134, along the two-lane road from the parallel distance to the parallel of common knowledge.

At that time, the Defendant had a duty of care to prevent accidents in advance, such as: (a) the victim D (n, 33 years old); (b) the driver of the vehicle was well aware of the situation; (c) the driver of the vehicle was able to stop the vehicle; and (d) the driver of the vehicle had a duty of care to prevent accidents, such as securing and driving safety distance to avoid the accident when the vehicle stops.

Nevertheless, under the influence of alcohol, the Defendant found that the said car was driven by the negligence close to the said car and was driven by the driver’s negligence in order to stop according to the vehicle stop signal on the front side, and immediately operated the vehicle by operating the Hand to the right side in order to avoid this, but the Defendant did not avoid it, and received the part of the vehicle behind the freight vehicle that the Defendant drives.

As a result, the Defendant suffered injury to the victim, such as an infection in need of medical treatment for about two weeks due to the above occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

1. On-site photographs; 1.

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