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(영문) 서울서부지방법원 2014.11.06 2014고단2242

교통사고처리특례법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

The Defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On June 3, 2014, the Defendant driven the above cargo while under the influence of 0.163% of blood alcohol concentration around 21:10, and proceeded at a speed of about 50km in the speed of 80km in the direction of the city, along with three lanes in the direction of the city, in the direction of the old mountain distance.

At night, since it is difficult to secure the front view due to the low speed of time, there was a duty of care to prevent accidents by safely driving the motor vehicle, such as reducing the speed of the motor vehicle driver and properly operating the steering and steering gear, etc.

Nevertheless, while under the influence of alcohol, the Defendant neglected to drive while driving, left the D Bus owned by the Defendant, which was parked on the front side of the lane running by the Defendant, and left the part behind the right part of the Defendant’s driver’s driver’s vehicle, and followed up and stopped the drum on the right part of the opposite vehicle’s driving direction by breaking the central line, while driving the Fwing of the Victim E(58 years old) driving of the victim E(58 years old) who was broken on the opposite vehicle, and driving the front part of the C Cargo of the Defendant’s driver’s vehicle was considered to be the front part of the left part of the Defendant’s driver’s vehicle.

Ultimately, the Defendant by occupational negligence inflicted injury on the above E, such as climatic salt, etc. requiring approximately 2 weeks of medical treatment, and suffered injury on the victim G (V, 61 years of age) who was on the Defendant’s vehicle, to approximately 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident investigation report, a black stuff, and a video CD;

1. Requests for appraisal, reports on investigation (related to the Tramark);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The relevant Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts;