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(영문) 대전지방법원 서산지원 2014.07.03 2014고단365
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

[criminal power] On June 18, 2009, the Defendant violated Article 44(1) of the Road Traffic Act, such as a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on August 5, 2009; a summary order of KRW 2 million for the same crime at the Incheon District Court on August 5, 2009; and a summary order of KRW 6 million for the same crime at the Seosan Branch of the Daejeon District Court on April 17, 2013; and a summary order of KRW 6 million for the same crime at least twice.

【Criminal Facts】

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a vehicle BK5.

On January 15, 2014, the Defendant, without obtaining a driver’s license at around 03:00, driven the said vehicle at a speed of about 80-90 km in the speed of two lanes, along the two-lanes of speed from the scam-line to the front side of the central funeral hall located in the Yellow-gu Seo-gu, Young-gu, Young-gu, Young-gu. In the influence of alcohol at 0.229%, the Defendant driven the said vehicle at a speed of about 80-90 km.

At the time, the victim C (the age of 39) who is driving in the same direction at night and in the front direction was followed by the Dopoter, Scambs, scambs, and caps, so there was a duty to pay attention to a person engaging in driving service to see the front side and maintain the distance from the vehicle driven earlier, to accurately operate and safely drive the steering and operating the steering gear.

Nevertheless, the Defendant neglected this and received the rear part of the cargo loaded in the cargo vehicle driven by the above victim C, which was driven by the Defendant due to the negligence of driving the vehicle while under the influence of alcohol.

As a result, the Defendant suffered injury to the victim C, such as catum salt in need of approximately two weeks’ medical treatment due to occupational negligence, and at the same time, the Defendant suffered injury to the victim E (the 36-year-old age), who was on board the said cargo vehicle, such as fatum fats, etc., for about three weeks of medical treatment.

2. Violation of the Road Traffic Act;

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