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(영문) 인천지방법원 부천지원 2014.06.12 2014고단940
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 20, 2007, the Defendant received a summary order of KRW 700,000 from the Incheon District Court Branch of the Incheon District Court for the crime of violation of the Road Traffic Act, and the summary order of KRW 3 million on November 27, 2012 from the same court for the same crime, etc.

1. At around 16:50 on January 7, 2014, the Defendant driven a B 2nd truck under the influence of alcohol with a blood alcohol level of 0.159%, without obtaining a driver’s license, from the 2km section of approximately 2km from the 16:50 on the road in front of the Sinpo-si Mauri Culture Center in Mamulpo-si, Kimpo-si, Kimpo-si to the Mapo-si 466-4, Gopo-si, Gopo-si, Gopo-si, Gopo-si, Gopo-si.

2. The Defendant, in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, is a person engaging in driving freight B-2.

On January 7, 2014, at around 16:50, the Defendant driven the said cargo without obtaining a driver's license, and led to the Defendant to drive the said cargo at about 30 km per hour according to the speed of 466-4, the head of the Do in front of the Dog Jeju Island 466-4 (hereinafter referred to as the "Liburgelel") in Kimpo-si, Kimpo-si.

There are two-lanes in which the median line is installed, and a passenger car is proceeding in the opposite direction. In such a case, the driver has a duty of care to keep the lane well for those engaged in driving service and to safely drive the vehicle in the opposite lane so that the accident can be prevented by safely driving it.

Nevertheless, the Defendant neglected to do so and did not check the front section properly, and was driven by the victim C(the age of 30) who was driven in the opposite opposite lane while driving beyond the central line, and received the part of the driver's seat of the said cargo vehicle as the front part of the driver's seat of the said cargo vehicle.

Ultimately, the Defendant’s negligence on the part of the above business is weak to the victim.

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