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(영문) 대전지방법원 서산지원 2016.04.14 2016고단82
교통사고처리특례법위반등
Text

1. The punishment of the accused shall be one year;

2.Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On August 10, 2007, the Defendant was sentenced to a suspended sentence of two years for a violation of road traffic laws in the Seosan Branch of the Daejeon District Court on June 2007. On August 12, 2010, the Defendant was sentenced to a summary order of 2.5 million won for a violation of road traffic laws (driving), and on February 4, 2013, the Defendant was issued a summary order of 3 million won for a violation of road traffic laws (driving).

The defendant is a person who is engaged in driving of B Poter Cargo Vehicles.

On November 25, 2015, the Defendant driven the above cargo while under the influence of 0.176% alcohol during blood, without obtaining a driver's license on November 25, 2015, and driven the above cargo to its head-way from the direction toward the intersection of the exploration distance in the front Dong in Seosan-si.

Since there is an intersection where signal lights are installed at the front door, there was a duty of care to see the front door, to observe the signal, and to prevent the accident in advance by accurately manipulating the steering and brakes.

Nevertheless, the Defendant, under the influence of alcohol, was driven by the victim C(51) who was under the influence of his/her duty to stop in the signal atmosphere at the bend of the bend of the above cargo vehicle operated by the Defendant, such as the rear part, etc. of the D bend of the above cargo vehicle operated by the Defendant. The Defendant, due to the shock, was under the influence of the victim C's driver's above cargo vehicle in front, and was under the influence of the signal atmosphere.

E had a part of the part behind the FJ car driven by E such as the front part of the victim C driver's vehicle.

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, the injury of light and scopic salt in need of approximately two weeks to the victim C, and the injury of the victim G (54 years old) who was on the part of the victim C driving, about three weeks of medical treatment.

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