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(영문) 대전지방법원 2017.10.26 2017고단3021
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

1. On November 24, 2008, the Defendant violated the Road Traffic Act (drinking) by receiving a summary order of KRW 700,000,000 from the Daejeon District Court’s official branch order of the Daejeon District Court to a fine for a violation of Road Traffic Act (drinking), and on June 15, 2009, by receiving a summary order of KRW 1,50,000,000 as a fine for the same crime from the same court on at least two occasions.

Nevertheless, at around 18:00 on June 20, 2017, the Defendant driven Cpoter 2, while under the influence of alcohol concentration of about 0.182% from the section of approximately 3km to the end of the Giter North Korea in the year at the time of the Special Self-Governing Province of Sejong at the time of the same time, the Defendant driven Cpoter 2, while under the influence of alcohol concentration of about 45% from the 3km of the blood.

2. The defendant is a person who is engaged in driving a cargo vehicle specified in paragraph (1).

The defendant driving of the above cargo vehicles under the influence of alcohol as above at the above time of the above day, and the end point of the Geum school north of the Geum school in the beginning of the year at the time of the special self-government of Sejong, the defendant tried to proceed at the speed from the south of the Geum school to the discharge of the government Sejong Office.

In such cases, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving of a motor vehicle by taking the front side and the left side well.

Nevertheless, the Defendant, while under the influence of alcohol, failed to look at the front side of the vehicle and did not discover a victim D (W, 49 years old) driving E-learning car that was stopped for the signal waiting due to negligence while driving the vehicle, and received the back panion of the said vehicle as the front part of the said cargo vehicle.

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim, such as salt and tension of the bones of wood, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A medical certificate;

1. Traffic accident reports, accident scene photographs, and traffic accidents;

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