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(영문) 광주지방법원 2014.01.27 2013고단5468
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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 9, 2007, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by being sentenced to a summary order of KRW 4 million for a violation of the Road Traffic Act at the Gwangju District Court on June 30, 2009, and by being sentenced to a suspended sentence of imprisonment for four months for a violation of the Road Traffic Act at the Gwangju District Court on June 30, 2009.

1. Around 21:10 on October 18, 2013, the Defendant was driving a B stude car under the influence of alcohol content of about 100 meters from a section of about 100 meters to the 100-meter radius from the 100-meter radius to the Yando-dong, Nam-gu, Gwangju, Nam-gu and the Yando-dong, Nam-gu, Gwangju.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaged in driving Bone Star Motor Vehicles.

On October 18, 2013, at around 21:16, the Defendant, while under the influence of alcohol, driven the said passenger vehicle and proceeded along the two-lanes from the south-gu office of Nam-gu to the eropo-driving-dong of Gwangju, along the two-lanes from the south-gu office of the Republic of Korea.

At the time, since it is night and place with a large level of ordinary traffic, there was a duty of care to prevent accidents, such as securing safety distance with the surrounding vehicles by checking the front side and the left side, and accurately manipulating the steering direction and the brake system, etc.

Nevertheless, under the influence of alcohol, when the Defendant was negligent in neglecting the front door and did not look well at the front door, found the D SP-type car driven by the victim C (the 55-year old) who was standing in the front of the running direction of the Defendant, late later, and took the operation measures, but the Defendant did not stop, and received a part of the Defendant’s vehicle behind the passenger car in front of the said SP-type car.

Ultimately, the Defendant is a victim C by occupational negligence as above.

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