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(영문) 광주지방법원 2020.09.24 2020고단3235
교통사고처리특례법위반(치상)등
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

The defendant is a person who is engaged in driving of B 2 cargo vehicles.

The Defendant was issued a summary order of KRW 500,000,000 by the Gwangju District Court as a crime of violation of the Road Traffic Act ( sound driving), fine of KRW 500,000 on March 30, 207, and fine of KRW 1.5 million on May 25, 2017.

On April 13, 2020, while under the influence of alcohol 0.035% on blood alcohol level, the Defendant driven the above cargo vehicle with 0.035% on April 13, 202, and continued to drive 80.8km on the west-dong, Chungcheongnam-gu, Gwangju, by using one lane between the two lanes in the direction of mining ICT from the west-gu, Gwangju.

At the time, the passenger car of the victim C driver was stopped due to the body at the time, and the victim E driver's F-cratty car in front of it, and the victim H H SP car in front of it, respectively.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent traffic accidents by viewing the front side and the left side and accurately manipulating the steering and operation devices.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so, and neglected to do so, caused the above Dbenz 2nd in front of the two cargo vehicles, which was stopped in the front and rear, by taking the part behind the said Dbenz and shocking.

In addition, due to the above shock, the passenger car was pushed ahead of the back of the FV car, which is the previous car, with the previous car being pushed down, and the above HP car was pushed down, and the above HP car, which is the previous car, was tightly shocked by the vehicle, and at the same time, the above PPP car continued to proceed with the two cargo cars, the above PPP car, the above PPP car, and the above PPP car shocked the body on the right side of the passenger car.

Ultimately, the Defendant’s negligence caused the above occupational negligence to the victim C, the victim I, the victim J, and the pertinent cruise car.

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