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(영문) 대전지방법원 홍성지원 2017.03.22 2016고단913

교통사고처리특례법위반(치상)등

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving of B 4.5 tons of truck trucks.

On October 27, 2016, the Defendant driven the above cargo while under the influence of alcohol content of 0.099% in blood, and proceeded at a speed of about 30km in speed from the red side to the budget of the new Doctrine in the front of the New Doctrine of the Chungcheongnam-gu Seoul Metropolitan Government, the Defendant driven the above cargo under the influence of alcohol content of 0.09% in the blood.

A person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely by driving the motor vehicle well.

Nevertheless, the Defendant neglected this and did not see the front bank, and instead, took the front side of the cargo vehicle after loading a light flag driven by the victim C, which was driven by the victim C, which was driven in the front bank.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as an injury to the blood booming booming, which had no wife in the two cases where approximately 10 weeks of treatment is open.

2. On October 27, 2016, the Defendant driven the foregoing cargo vehicle under the influence of alcohol with approximately 0.09% alcohol concentration at a distance of about 2 km from the front of the Yongsan Fire Brigade at the time of 182, in a light-ro of the Chungcheongnam-gun, Chungcheongnam-gun, Seoul Special Metropolitan City, to the front of the new road located in the same 182 in front of the same 2km road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to reports on the detection of drivers working at the main place, reports on the circumstances of drivers working at the main place, reports on traffic accidents, and medical certificates;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act, Article 3 (1) and Article 3 (2) 8 of the Act on Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation and actual occupation, the selection of imprisonment without prison labor), Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the selection of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Article 62(1) of the Criminal Act 1.