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(영문) 수원지방법원 여주지원 2018.06.20 2018고단405
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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. On April 8, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a B Poter freight vehicle with alcohol content of 0.153% in blood alcohol while under influence on April 19:45, 2018, and led to two-lane roads in front of the 296 conven line line and the trin line, depending on the e-mail of Gwangju, from the e-gravating room to the e-mail of Gwangju.

At the time, the Defendant’s driver’s vehicle was parked in the front of the passenger vehicle driven by the Victim C (55) for the signal atmosphere. In such a case, the driver of the vehicle had a duty of care to look at the front line and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and prevent the accident by accurately manipulating the steering and brakes.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving so as to prevent the Defendant from driving the vehicle and received a part behind the victim’s driver’s vehicle by driving the vehicle.

After all, the Defendant suffered by the above negligence the injury of the victim C, the victim E (the 55 years old), the victim F (the 26 years old), and the victim F (the 26 years old), respectively, for each of the two weeks of medical treatment.

2. Around April 19:45, 2018, the Defendant: (a) driven B Poter truck under the influence of alcohol with approximately 2km alcohol concentration of about 0.153% from the 2km section from the front day of Ischeon-si to the flow distance from Echeon-si, Echeon-si, Gacheon-si; (b) around 19:45, the Defendant driven B Poter truck with alcohol content of at least 0.153%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report, a traffic accident occurrence report, and on-site photographs;

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the situations of the driver at home);

1. Notification of the results of regulating drinking driving;

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

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and the proviso to Article 3(2)8 of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of each business and dental occupation) and Article 148-2(2) of the Road Traffic Act on criminal facts.

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