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(영문) 춘천지방법원 속초지원 2015.04.08 2015고단14
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 of the final judgment.

Reasons

Punishment of the crime

On December 31, 2007, the Defendant received a summary order of KRW 500,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Seocho District Court’s territorial branch on December 31, 2007, and a summary order of KRW 4.5 million as a fine for the same crime from the same support on August 29, 2012, respectively.

Criminal facts

1. On December 25, 2014, the Defendant: (a) driven B Poter cargo under the influence of alcohol of about 2 km from around 18:10 on the same day to the front road of the Cheongbu District located in the 3926 in the 3926 Seocho-si as of early December 25, 2014, as of the same year from around 18:10 on the same day; and (b) as of the same year, the Defendant driven B Poter truck under the influence of alcohol of about 0.161%.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving cargo vehicles specified in paragraph (1).

On December 25, 2014, at around 18:10, the Defendant, while driving the above cargo while under the influence of alcohol and driving the three-lane road in front of the front zone of the front zone from the speed bus terminal to the right-hand turn at a speed of about 50km from the right-hand speed.

At the time, the front section was a private-distance intersection where the vehicle signal, etc. is installed at night. Therefore, the person engaged in the driving of motor vehicles had a duty of care to prevent accidents in advance by taking into account the passage and traffic situation well, such as whether there is a signal standby vehicle in the front section while driving in advance, and by accurately operating the steering gear and the brake system.

Nevertheless, due to the negligence of neglecting this, the Defendant’s failure to stop at the front left and going slowly, found the DNA rocketing car driven by the victim C (the age of 52) who was parked in the front left and right-hand turn at the right-hand left-hand turn at the right-hand left-hand, and operated it late, but did not stop, and the right-hand part of the said rocketing car is left-hand part of the front-hand part of the said cargo, and the said rocketing car is driven by the victim E (the age of 60) who was parked in front of the said vehicle.

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