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(영문) 광주지방법원 2013.06.07 2013고단1468
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

On March 26, 2010, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the Gwangju District Court, and on September 9, 201, issued a summary order of KRW 3 million by the Gwangju District Court as a crime of violation of the Road Traffic Act.

The Defendant was engaged in the business of operating a b B-broping cargo vehicle and has violated Article 44(1) of the Road Traffic Act at least twice as above.

1. On March 10, 2013, at around 21:45, the Defendant driven a motor vehicle under the influence of alcohol concentration of about 8 kilometers from the foregoing day to the road near Pungam Ambro (IC) located in Seo-gu, Seo-gu, Gwangju, Seo-gu, Seo-gu, Gwangju at around 22:05, without a driving license, under the influence of alcohol concentration of about 0.17%, without obtaining a driving license.

2. On October 22, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, at around 22:05, operated the said truck under the influence of alcohol without obtaining a driver’s license as stated in paragraph (1), and operated the said truck, thereby driving the said truck, and, at the same time, proceeded at about 30 kilometers per hour between the two-lanes in the direction of the road section complex every month, the road in the direction of the wind district in the direction of the wind district.

At all times, there is an intersection where signal lights are installed, so there was a duty of care to prevent accidents by reducing speed and driving the signal in good manner for those engaged in driving of motor vehicles.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to operate the brake system and was driven by the victim C(30 years of age) who was stopped for the signal atmosphere by operating the brake system at the latest, received the back portion of the Belgium car as the front portion of the freight driven by the Defendant.

Ultimately, the Defendant committed the above occupational negligence.

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