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(영문) 대전지방법원 천안지원 2017.07.07 2017고단972
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On January 15, 2009, the Defendant was sentenced to a suspended sentence of 2 months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daejeon District Court's Support on the Aggravated Punishment, etc. of Specific Crimes, etc. on August 14, 201. On November 14, 201, the same court issued a summary order of 1.5 million won for a crime of violation of road traffic law (driving), and on March 19, 2012, the same court received a summary order of 3 million won for a crime of violation of road traffic law (driving).

[Criminal facts]

1. The defendant is a person who is engaged in driving service of B Poter cargo vehicles.

On April 17, 2017, around 20:40, the Defendant driven the said cargo at a 0.079% high distance from the high slope of the astronomical bank in the direction of alcohol level in the south-gu, Nam-gu, Chungcheongnam-gu., the Defendant driven the said cargo at a 20km speed from the high slope of the astronomical bank in the direction of alcohol level 0.079%.

At the time, the driver of the vehicle was at night and the driver of the vehicle was stopping in the signal atmosphere and the passenger vehicle was driven by E in the front direction of the defendant's moving direction. In such a case, there was a duty of care to prevent the accident in advance by safely driving the vehicle, such as reducing speed to the driver of the vehicle, viewing the front direction, accurately manipulating the steering system, etc.

Nevertheless, the Defendant was negligent in failing to properly operate the brake system under the influence of alcohol while neglecting his duty of her duty of e-driving, and received the rear part of the E-driving vehicle in front of the Defendant’s driving direction, which was in front of the Defendant’s driving direction, and due to this, the vehicle of E was pushed forward in the future and was parked in the signal waiting atmosphere, thereby getting the back of the driver’s vehicle in front of it.

Ultimately, the Defendant caused the victim I (73) and the victim J (44 years of age) of the E vehicle by the foregoing occupational negligence, thereby causing the victim G (57 years of age) at the same time.

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