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(영문) 광주지방법원 2014.11.25 2014고단3632
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

[criminal power] On January 22, 2008, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the original state branch of the Chuncheon District Court on January 22, 2008. On January 5, 2011, the Defendant was sentenced to a suspended sentence of three years for a year of imprisonment with labor for the same crime in the same court.

【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 freight B.

On August 11, 2014, the Defendant driven the above cargo vehicle at around 01:50, and driven the front road of the Young-gu, Young-gu, Young-gu, Young-gu, Young-gun along the two-lanes from the direction of the Young-gu, Young-gu, Young-gu, Seoul, along the two-lanes from the direction of the Young-gu, the Defendant changed the course into a two-lane.

In this case, there was a duty of care to ensure that a person engaged in driving of a motor vehicle should not impede the normal traffic of other motor vehicles in the lane that is being changed in front, rear and left well.

Nevertheless, while under the influence of alcohol, the Defendant neglected it and caused the victim C(27 years old) driver's vehicle, who was proceeding in the two-lane due to the sudden change of the course from the first lane to the second lane, and caused the victim C(27 years old) driver's vehicle to be driven by the driver's vehicle, while avoiding the driver's vehicle of the Defendant, and led the front side and the rear wheels to the side.

Ultimately, the Defendant suffered approximately two weeks of medical treatment due to the above occupational negligence, resulting in the injury of the following lights and the head of the Gu.

2. Around 01:50 on August 11, 2014, the Defendant driving a B Poter under the influence of alcohol content of about 7 km from a cafeteria in the mutual influence in Young-gu, Young-gu, Young-gu, Young-gu to the front road in the Young-gu, Young-gu, Young-gu, Young-gu, Young-gu, Young-gu, Young-gu, U.S., U.S. to the front road in the erode of the same Eup.S.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report and field photographs;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. A medical certificate;

1. A previous conviction in judgment:

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