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(영문) 수원지방법원 안산지원 2018.10.17 2018고단2796
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of 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 B Poter cargo vehicles.

On July 27, 2018, the Defendant, while under the influence of alcohol on July 27, 2018, while driving the said vehicle at a 0.149% alcohol level, was driven by the Defendant, while driving the said vehicle at a speed of two lanes from the Cheongju to the intersection of the head of Silung City, at Silung City, while driving the front road at the speed of Silung.

In this case, the driver of the vehicle has a duty of care to prevent accidents in the smoke by driving the vehicle on the direction of direction, whether or not the vehicle driving on the first lane, its speed, distance between the vehicle, etc. are well examined, making a safe change to the first lane, and making a safe internship in the U.S. permitted zone.

Nevertheless, the Defendant neglected this and did not look at the existence of a vehicle driving in one lane, and did not look at the existence of a vehicle driving in two lanes, and the part of the front part of the victim DNA driving, which was going into one lane at the time, was shocked by the left side of the cargo vehicle.

In the end, the Defendant suffered injury, such as the 12 weeks of medical treatment, due to such occupational negligence, to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. Notification of output of the measurement of drinking alcohol, and of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 (Selection of Injury or Imprisonment without prison labor) of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts (driving of alcohol and choice 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 Code of the Suspension of Execution (the defendant does not have the same criminal record, and there is no criminal record after 2000, the defendant's negligence is serious, the degree of damage is severe, and the victim is not agreed with.

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