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(영문) 대전지방법원 홍성지원 2017.02.15 2016고단855
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 May 2, 2006, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law in the support of the Daejeon District Court on the Incheon District Court on May 2, 2006. On October 31, 2006, the Defendant issued a summary order of KRW 2,50,000 as a fine for a violation of road traffic law in the support of the Daejeon District Court on the Incheon District Court on April 12, 2006. On April 12, 2007, the Defendant was sentenced to a summary order of KRW 2,50,000 to a fine for a violation of road traffic law (drinking) and was punished for a violation of road traffic law at least twice as drinking.

On October 23, 2016, at around 18:55, the Defendant driven the above cargo while under the influence of alcohol content of about 0.139% from a distance of about 400 meters to the roads in the “C” located in the Chungcheong budget group, from the roads in the front of the community hall located in the 2nd district, Nowon-gu, Nowon-gu, Nowon-gu, to the road in the Chungcheong budget group B.

2. The Defendant is a person who is engaged in driving a freight truck in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

around 18:55 on October 23, 2016, the Defendant driven an above cargo vehicle while under the influence of alcohol, as described in paragraph (1) above, and led the Defendant to proceed to the budget from the edge of the enclosed budget-gun B and C, along with the road above.

At that time, the defendant was behind the victim E-driving F line, and in such a case, the driver of the vehicle had a duty of care to prevent accidents by properly manipulating the steering gear and operating the steering gear and operating the steering gear.

Nevertheless, as seen above, the Defendant neglected to drive normally due to influence of drinking and was negligent in driving the victim E’s vehicle in the atmosphere, and received the part behind the Defendant’s cargo vehicle in front of the vehicle.

Ultimately, the Defendant is a victim E and victim E by occupational negligence above.

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