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(영문) 대구지방법원 경주지원 2013.08.21 2013고단412
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

On August 28, 2009, the Defendant issued a summary order of KRW 2 million for the crime of violation of the Road Traffic Act in Daegu District Court racing support, on July 6, 2012, when the Defendant issued a summary order of KRW 2.5 million for the crime of violation of the Road Traffic Act, on May 7, 2013, the Defendant was sentenced to the summary order of KRW 2.5 million for the crime of violation of the Road Traffic Act in Daegu District Court racing support, and on May 15, 2013, the said judgment became final and conclusive on May 15, 2013.

1. Around 08:55 on February 28, 2013, the Defendant was driving a freight vehicle with a blood alcohol concentration of about 0.090% under the influence of alcohol without obtaining a driver’s license from a section of about 1km from the area from the studio construction site in the Dongcheon-dong, Dongcheon-dong, Busan, to the front road of the Sung-dong wood department store in the racing-si.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving freight cars.

On February 28, 2013, at around 08:55, the Defendant, while under the influence of alcohol without obtaining a driver's license as stated in paragraph (1), drive the foregoing cargo, and proceeds at a speed of about 40 km per hour at a speed of about 40 km per hour, depending on the side of racing and fire fighting at the front side of the Sung-dong wood department in Sung-dong, Sung-dong, Seoul Special Metropolitan City.

KCC gly turn to the left.

Since there is a center line of yellow-ray, in this case, a person engaged in driving a motor vehicle has a duty of care to thoroughly operate the motor vehicle on the front side and to safely operate the motor vehicle.

Nevertheless, the defendant's negligence of driving the central line in the opposite side of the passenger vehicle of the victim D (26 years old) driving, which was driven in the opposite side of the driver's car, was shocked by the front side of the passenger vehicle of the defendant driving.

Ultimately, the Defendant committed the above occupational negligence with the victim D.

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