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(영문) 대전지방법원 천안지원 2018.07.12 2018고단1010
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

The Defendant, on January 26, 2011, issued a summary order of KRW 3 million for a crime of violating road traffic law at the Seocheon Branch of the Daejeon District Court on January 201, 201, and on January 20, 2014, issued a summary order of KRW 7 million for the same offense, etc. at the same court.

[Criminal facts] The Defendant is a person who is engaged in driving B-II cargo vehicles.

1. On January 17, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) proceeded to turn to the left at a speed of 10 to 20km in the direction of both sides in the direction of 10 to 20km in the direction of datum from the visible distance of the same intersection, while under the influence of alcohol level of 0.098% among the blood alcohol level around 21:15, the Defendant is driving to the south-gu Seoul Metropolitan Government.

Since there is a private road crossing where signal, etc. is not installed, in such a case, the driver of the motor vehicle has a duty of care to accurately operate the steering gear, brakes and other devices of the motor vehicle, and not drive the motor vehicle at such a speed or in such a manner as to endanger or interfere with others according to the traffic situation of the road and the structure and performance of the motor vehicle, and in a case where there is a motor vehicle under his/her control or a motor vehicle already entering the intersection from another road, the driver of the motor vehicle has a duty of care to yield and safely proceed along the course of the vehicle and prevent accidents.

Nevertheless, the Defendant was negligent in driving the left-hand turn by neglecting it under the influence of alcohol as above, and the Defendant driven Mad victim E ( South, 25 years old) this FCA 110 Otoba and proceeds normally in the direction of the intersection distance from the datum3-distance, and the Defendant did not avoid the Defendant’s driver’s vehicle, and caused the Defendant’s driver’s vehicle to have the front part of the Defendant’s driver’s vehicle in front of the damaged Otoba.

As a result, the defendant's negligence in the course of business and the victim's chills and tensions that require approximately two weeks of treatment.

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