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(영문) 대전지방법원 2017.06.29 2017고단1499
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal history] On May 16, 2007, the Defendant received a summary order of KRW 1 million for a violation of road traffic law (drinking driving), and on March 18, 201, the same court received a summary order of KRW 1.5 million for the same crime, and on October 6, 2014, received a summary order of KRW 7 million for the same crime at the same court.

[Criminal facts] The Defendant is a person who is engaged in driving of CPoter cargo vehicles.

On March 28, 2017, the Defendant driven the said car under the influence of alcohol content 0.138% in the blood while under the influence of around 18:30 on March 28, 2017, while driving the said car, and driving the road adjacent to the new traffic in accordance with the Daejeon Seo-gu basin, along the two-lane distance from the direction towards the new four-lanes, at a speed of about 20km.

A person engaged in driving of a motor vehicle has a duty of care to safely operate the steering gear and brakes by accurately operating them.

Nevertheless, due to the negligence that the Defendant was unable to properly operate the operation of the operation system under the influence of alcohol, the Defendant took the back part of the E-learning Vehicle of the victim D(37 Do) driving that was stopped on the two-lanes in the margin prior to the invasion into the front part of the Defendant’s cargo vehicle, and the said frighting car was pushed off on the front part and stopped on the front part of the f (56 Do) driving of the victim F(56 Do) which was stopped on the front part.

Ultimately, the Defendant, by negligence in the above occupational negligence, sustained injury to the victim D, such as salt, tensions, etc. of the clify that requires approximately three weeks of medical treatment, and injury to the victim F, such as clifal salt, tensions, etc. of the trend requiring approximately two weeks of medical treatment. A person who violated the prohibition of driving under the influence of alcohol at least two times, driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

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