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(영문) 수원지방법원 평택지원 2018.11.30 2018고단938
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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. The defendant is a person who is engaged in driving a Crane car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On May 23, 2018, the Defendant driven the said car under the influence of alcohol content of 0.099% during blood transfusions on May 23, 2018, and led to the driving of the said car along the three-lanes of the three-lanes between the two-lanes in the front of Pyeongtaek-si and the front of Pyeongtaek-si, from the offside of the air travel site of Pyeongtaek-si to the offside of Osan-si.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the brakes and steering gear and accurately.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting it, conflicted with the front part of the F urban bus operated by the victim E (58 tax) who was parked in order to get passengers getting on and off the bus at the bus stops located on the front side of the Defendant’s car.

As a result, the Defendant suffered, by such occupational negligence, the injury to the victim E, such as salt, tensions, etc. of the climatic tensions that require approximately three weeks of medical treatment, the injury to the victim G (V, 64 years of age) who is a bus passenger, such as climatic salt, tensions, etc., and the injury to the victim H (V, 57 years of age) for about two weeks of medical treatment.

2. On May 23, 2018, the Defendant: (a) driven a franchising car under the influence of alcohol with approximately 2 km alcohol concentration of 0.09% from around the 2km section from the luminous-dong-dong, Pyeongtaek-dong, to the place where the said accident occurred.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

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

1. Article 3(1) and the proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (a point of injury caused by occupational negligence) and Article 148-2(2) of the Road Traffic Act concerning criminal facts.

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