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(영문) 대전지방법원 2015.09.11 2014고단3818
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 December 19, 2006, the Defendant received a summary order of KRW 4 million for a fine of KRW 1 million for a violation of the Road Traffic Act (driving) from the Jung-gu District Court Kimcheon Branch on January 30, 2009, and received a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) from the Daegu District Court Kimcheon Branch on January 30, 2009.

【Criminal Facts】

1. Although the Defendant had been punished twice due to a violation of the Road Traffic Act (driving) as seen above, the Defendant driven C Poter in the state of under the influence of alcohol of about 0.23% from the 3km section of around 19:20 on November 2, 2014 to the roads near the outer Tridong, where it is impossible to find out the trade name in the enclosed-gu Seodong, Daejeon-gu, Daejeon-gu, the trade name of which is located on November 19:20 on November 2, 2014.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving of Category C cargo vehicles.

On November 2, 2014, at around 19:20, the Defendant driven the above cargo while under the influence of alcohol of 0.23% 0.23%, and led the road of five lanes in front of Hyundai Blubbbbbbbs Hand in the outer East-dong of Daejeon, Daejeon, to proceed with about 20km each other at a speed of about 20km each other, depending on the parallel parallel of three lanes each other, from the parallel distance from the parallel of Sejong Clubs.

At night, the Defendant was at night, prior to the same direction, and the Defendant was behind the E-Poter cargo vehicle driven by the victim D (the age of 44). As such, the Defendant had a duty of care to secure and proceed with a safe distance to avoid when a vehicle stops.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the above cargo while driving the vehicle excessively adjacent to it and received the rear part of the cargo vehicle stopped by the victim for traffic signals from the front part of the cargo vehicle driven by the Defendant.

Ultimately, the Defendant above.

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