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(영문) 대전지방법원 2015.07.08 2015고단232
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for four months.

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

(e).

Reasons

Punishment of the crime

On February 10, 2014, at around 15:00, the Defendant driven the F Poter Cargo Vehicle with the front of the E Licensed Real Estate Agent D in Sejong City, in the state of alcohol of 0.080% of blood alcohol concentration, from the troke on the surface of the astronomical bank.

Summary of Evidence

1. Partial statement of the defendant;

1. A written report filed with an employer;

1. Application of Acts and subordinate statutes to reports on the statement of the status of a drinking driver;

1. Relevant provisions of Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. The portion not guilty under Article 62 (1) of the Criminal Act;

1. The Defendant in this part of the facts charged is a person engaging in driving a F Poter freight vehicle.

On February 15, 2014, at around 15:00, the Defendant made the front of the E Licensed Real Estate Agent No. D to turn to the left at the tent.

There have been many pedestrians on the road side, and at the time, the defendant was under the influence of alcohol, so in such a case, the driver of the motor vehicle had a duty of care to immediately stop driving on the road, but in the case of inevitable driving, the driver of the motor vehicle had a duty of care to prevent accidents by accurately manipulating the steering direction and brake system and accurately manipulating the steering direction.

Nevertheless, the defendant neglected this and caused the victim of the above cargo vehicle to go beyond the road by shocking the victim of the above cargo vehicle due to the negligence that did not view the victim G (the age of 81) who walked on the road.

Ultimately, as seen above, the Defendant suffered from an injury to the victim due to occupational negligence during approximately 19 weeks of medical treatment, from an injury to blood transfusion.

2. First of all, the determination is based on the evidence duly adopted and examined by this Court, namely, ① the Defendant driven a breater cargo vehicle with a relatively large size of drinking around the time of the accident and 20 meters away from the point of accident at which the one-lane truck was driven by the Defendant, thereby making the victim get off from the cargo vehicle through the 119 emergency squad.

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