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(영문) 수원지방법원 여주지원 2015.11.16 2015고단800
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 July 25, 2008, the Defendant issued a summary order of KRW 700,000,000 as a crime of violating the Road Traffic Act in the leisure branch of Suwon District Court on July 25, 2008, and on June 1, 2011, the same court issued a summary order of KRW 2 million as a fine for the same crime.

Criminal facts

1. 도로교통법위반(음주운전) 피고인은 2015. 8. 5. 20:00경 이천시 신둔면 이여로101번길 53-6에 있는 장수옻닭 앞 도로에서부터 같은 시 백사면 이여로253번길 33-61에 있는 신대2교 앞 도로에 이르기까지 약 2km 구간에서 혈중알코올농도 0.167%의 술에 취한 상태로 B 포터 화물차를 운전하였다.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol even though the Defendant violated the prohibition of drunk driving more than twice.

2. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving freight B.

While the Defendant was under the influence of alcohol level 0.167% on the date and time set forth in paragraph (1), the Defendant proceeded from the mother side to the sloping angle of about 20km a speed of 20km a speed from the sloping to the sloping of 33-61 Don-ro 253 Don-ro.

At night at the time, the above roads are installed on the new bank, where the street width is narrow and the falling prevention disaster is not installed. In such a case, a person engaged in driving service has a duty of care to prevent the fall accident by properly operating the brake and steering gear.

Nevertheless, under the influence of alcohol, the Defendant neglected to breath in front, and mistakenly fabricated the steering gear, thereby falling down on the right side of the road.

Ultimately, the Defendant caused the victim C (V, 57 years of age) who was on board the above cargo due to the above occupational negligence, to suffer injury, such as the right shoulder, which requires treatment for about six weeks.

(i) the evidence;

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