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(영문) 대전지방법원 2013.10.25 2013고단2650
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

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 November 12, 2009, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act at the Daejeon District Court, and a fine of KRW 4 million as a crime of violation of the Road Traffic Act at the Daejeon District Court on December 31, 2009.

1. On June 19, 2013, at around 19:50, the Defendant driven Crocketing car with a blood alcohol concentration of about 0.159% while under the influence of alcohol without obtaining a driver’s license at a section of about 100 meters from the road front of the shalkym of the shalkyn State located in the Seo-gu District of Daejeon to the water source middle school located in the same Dong from around 19:50 on the same day.

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a rocketing car.

The Defendant, while under the influence of alcohol as described in the preceding paragraph, driven the said car without a driver's license, and proceeded at a speed of about 20 km from the side of the orchard fire station to the orchard community service center at a speed of about 20 km in front of the orchard middle school located in the Seo-gu Seoul Metropolitan Government.

At the time, she is placed at night, and the center line of the yellow-ray is installed. In such a case, the driver had a duty of care to prevent accidents in advance by safely driving the car line while keeping the wheel line in a safe way.

Nevertheless, under the influence of alcohol, the Defendant neglected to live well before the center line, and found that the injured party B (the age of 44) driven by the Defendant on the road opposite to the road that was driven by the Defendant due to the negligence of driving the center line, late later, and received the front part of the driver's seat of the car driven by the Defendant and the front part of the car driven by the Defendant.

Ultimately, the Defendant’s occupational negligence requires approximately two weeks of treatment to the victim.

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