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(영문) 수원지방법원 성남지원 2019.05.24 2019고단658
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On November 4, 2010, the Defendant was issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Sungnam branch of Suwon District Court, and on July 25, 2016, the same court issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) in the same court.

【Criminal Facts】

1. Around 19:31 on February 22, 2019, the Defendant driven an E-Poter 2 cargo vehicle while under the influence of alcohol of about 0.101% of alcohol concentration from the 500-meter section from the front day of the astronomical Cro in Gwangju City to the front road of D. In addition, the Defendant driven an E-Poter 2 truck in the influence of alcohol content.

Accordingly, the defendant, who violated the prohibition of drinking driving twice, was driving a motor vehicle under the influence of alcohol again.

2. The defendant is a person who is engaged in driving service of the Epoter2 cargo vehicles.

On the date stated in paragraph (1), the Defendant driven the foregoing cargo vehicle while under the influence of alcohol as described in paragraph (1), and led to the driving of the road of one lane in front of Gwangju Metropolitan City along the crypt speed from the direction of the crypt to the intersection.

At the time, there are nights and vehicles parked along one lane in front of that place. In such a case, the driver of the vehicle has a duty of care to take care of the driver of the vehicle so that the driver of the vehicle may not be faced with other vehicles on the narrow road, while the driver of the vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering and brakes and accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected it under the influence of alcohol and neglected to hold that there is sufficient space between the G low-speed car driven by the victim F (the age of 41) and the vehicle parked along a single-lane, and followed the left-hand side of the said cargo vehicle by negligence, which led to a shocking down to the right-hand side of the said vehicle.

Ultimately, the defendant needs to give approximately two weeks of medical treatment to the victim due to the above occupational negligence.

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