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(영문) 대전지방법원 2015.08.27 2015고단1959
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 May 16, 2007, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act (driving) from a public official branch of the Daejeon District Court on May 16, 2007, and a summary order of KRW 3 million for the same crime at the Daejeon District Court on April 3, 2007, respectively.

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in the operation of C New-Woo X-D car.

On May 18, 2015, the Defendant, without obtaining the driver’s license on May 10, 2015, driven the said vehicle under the influence of alcohol level of 0.114%, and driven the said vehicle toward the east-dong from the east-dong along the 7-lane intersection of the Han field of the Han River Zone, which is located in the west-gu Seoul Metropolitan City at the large exhibition.

In such cases, there was a duty of care to safely drive the driver by accurately manipulating the steering gear, brake system, etc. with the driver's duty of care.

Nevertheless, the Defendant neglected to do so and led the Defendant to the front part of the vehicle of the Defendant, which is driven by the victim D(W, 47 years old) who stops in the air traffic signal at the front of the vehicle, and thereby, led the Defendant to the front part of the vehicle of the Defendant. Accordingly, the part of the rear part of the GJa car driven by the victim FF(38 years old) who stops in the front part of the said car while driving the said car at the front part of the said car.

As a result, the Defendant suffered injury, such as salt, tension, etc., from the victims for about two weeks of treatment due to such occupational negligence.

2. Violation of the Road Traffic Act and the violation of the Road Traffic Act (driving without a license) are under the influence of alcohol by the Defendant, without obtaining a driver’s license, at a section of about 5 km from the front of a restaurant on the trade name, aesthetic part, which is an act of action in the middle of the large exhibition, to the above dry field intersection, while under the influence of alcohol by 0.114% in blood alcohol concentration.

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