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(영문) 광주지방법원 순천지원 2017.03.09 2016고단2665
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became 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 October 19, 2016, the Defendant driven the above cargo while under the influence of alcohol 0.079% during blood transfusions on October 14:0, 2016, and driven the above cargo at a speed of 0.079% on the south Bosung-gun, the Defendant driven the road of one lane in front of the village at a speed of evis-do toward the evis-ray.

Since there is a bend road where the driver of the motor vehicle begins, there was a duty of care to prevent the accident by thoroughly manipulating the steering and steering devices of the motor vehicle and accurately manipulating the steering direction and operating devices of the motor vehicle.

Nevertheless, while under the influence of alcohol, the Defendant, while neglecting in the front of the road, fells into the floor of the road right-hand side of the person who was on the back of the cargo, and fells into the upper 63 years of age to the victim D (n, 63 years of age) who was on the back of the cargo to receive approximately 3 weeks of treatment, suffered from the injury, such as a non-freshing of the bar, which is in need of approximately 6 weeks of treatment, such as the left-hand fladder, etc., the injury to the victim E (n, 80 years of age) who was on the back of the cargo, which requires approximately 12 weeks of treatment, and suffered from the injury such as a fladation of the fladder, etc. around the right-hand side of the victim F (n, 8 years of age) who was in need of approximately 12 weeks of treatment.

Ultimately, the Defendant sustained injury from the victims by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A written request for appraisal or a written appraisal of alcohol during blood transfusion;

1. A report on investigation (the search of victims, etc.);

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

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2(2)3 and Article 44(1) of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment without prison labor or imprisonment without prison labor;

1. The aggravated Criminal Act for concurrent crimes.

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