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(영문) 수원지방법원 평택지원 2013.05.23 2013고단397
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six 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 was engaged in driving of C Poter cargo vehicles.

1. Around 18:40 on February 15, 2013, the Defendant driven the 1 kilometer of approximately 0.067% of blood alcohol content, while under the influence of alcohol, at around 18:40, in a state of under the influence of alcohol, the Defendant driven the fluence of the freight with approximately 1 kilometer of approximately 0.067.

2. At around 18:40 on February 15, 2013, the Defendant driven the above cargo on the street 280-2 front of the New Village-ri 280-2, and continued to run from the west-ri plane to the north west-ri plane.

In such a case, the victim D(the age of 46) who was driving a motor vehicle while driving the same direction as the previous motor vehicle due to the negligence of driving the motor vehicle by neglecting the safety distance with the previous motor vehicle while neglecting it, despite the fact that the driver had a duty of care to maintain the safety distance with the front and the right and the right and the right and the right of the motor vehicle, was unable to discover the same direction as the previous motor vehicle due to the negligence of driving the motor vehicle, and was behind the left side of the above cargo truck with the front part of the above cargo vehicle.

As a result, the Defendant suffered from the injury to the victim F (the age of 78) who was on board the boom vehicle due to the above occupational negligence, such as the influence of the treatment days, the damage of the number of trees, and other specified booms.

Summary of Evidence

1. Defendant's legal statement;

1. A medical certificate;

1. Traffic accident report, report on the status of an employer-employed driver, and report on the status of an employer-employed driver;

1. Report on internal investigation (D telephone communications);

1. Application of Acts and subordinate statutes to report on investigation (verification of the current status of the victim);

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) 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 facts constituting an offense (the point of driving a motor vehicle while driving a motor vehicle);

1. As to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, imprisonment without prison labor shall be sentenced, and as to the violation of the Road Traffic Act, imprisonment shall be sentenced;

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