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(영문) 대전지방법원 공주지원 2015.08.21 2015고단136
교통사고처리특례법위반등
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

[criminal record] On May 11, 2002, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on March 21, 2007, a summary order of KRW 1,00,000 as a fine for the same crime from the higher support to the same court on March 21, 2007, and on December 4, 2014, a summary order of KRW 1,50,000 as a fine for the same crime, respectively.

【Criminal Facts】

1. At around 19:00 on April 17, 2015, the Defendant driven a C Poter under the influence of alcohol by 0.079% of blood alcohol concentration without a driver’s license on the section of about 4km from the 19:00 to the national highways of about 36 kilometers near the Chungcheong Industrial Complex located in the Cheongyang-gun, Chungcheongnam-gun, Chungcheongnam-do, to the national highways of the same group.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person driving the foregoing cargo vehicle.

As above, the Defendant had been under the influence of alcohol without a license in the direction of public order in the course of settling the national highway No. 36 without a license.

At this point, the center line of yellow-ray is installed, so in such a case, the driver had a duty of care to safely operate by accurately operating the steering and steering the steering and steering system while keeping the car line.

Nevertheless, the Defendant neglected to turn to the left without a license while under the influence of alcohol, and the victim D (the age of 36) who proceeded to the right side of the E-observer car in the middle of the central line due to the negligence committed by the injured party while neglecting to turn to the right side of the said cargo vehicle.

Ultimately, the Defendant’s occupational negligence inflicted injury on the victim D, such as salt, tensions, etc., in which approximately two weeks’ medical treatment is required, and the Defendant’s salt, tensions, and tensions, which require approximately two weeks’ medical treatment to the victim F, who is the passenger of the said car (hereinafter “F,” 43 years of age).

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