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(영문) 수원지방법원 2013.11.07 2013고단4185
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

However, 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

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving B wing and freight vehicles.

On July 22, 2013, the Defendant driven the above cargo while under the influence of alcohol of 0.254% with a blood alcohol concentration of 0.254% on July 22, 2013, and led to the driving of the above cargo along the three-lanes of the 4-lanes of the same orchard away from the surface of the gympoch (YO) of the Changwon-si in Suwon-si.

Since there is an intersection in which signal apparatus is installed at a front door, there was a duty of care to safely drive a driver by accurately manipulating the steering direction and brake system by reducing the speed in advance in advance and properly examining it.

Nevertheless, the Defendant, while under the influence of alcohol, did not neglect to set a speed in advance and did not set the front door, got the victim C(Y, 30 years old) who stopped in the signal atmosphere at the bend, to the front end of the Defendant’s cargo vehicle, and thereby, got the victim E(57 years old) who stopped in the front of the vehicle.

Ultimately, the Defendant suffered injury to the victim C, such as light fluoral salt, which requires approximately three weeks of medical treatment, due to such occupational negligence, and suffered injury to the victim E, such as light fluoral salt, which requires approximately one week of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, the Defendant driven B-wing truck with a blood alcohol concentration of 0.254% at the section of about 2 km from the front of the motion picture dong in Suwon-gu, Suwon-si, Gyeonggi-do to the front of the same time-wing-si street.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

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

1. The proviso to Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning criminal facts;

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