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(영문) 수원지방법원 평택지원 2017.09.20 2017고단1119
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a DNA cargo vehicle on duty.

On May 6, 2017, the Defendant driven the said vehicle under the influence of alcohol content of 0.104% during blood transfusions on May 6, 2017, while driving the said vehicle under the influence of alcohol content of 0.104%, and was straightening in front of the bus stops located in Pyeongtaek-si area of 132-3 in the area of Pyeongtaek-si management.

There are three-distance crossings where signal lights are installed, and there are places where signal lights are in the atmosphere, so in such a case, there was a duty of care to prevent accidents by accurately operating the steering gear and brakes with the driver of the motor vehicle, who is engaged in driving the motor vehicle.

Nevertheless, the Defendant, while neglecting the influence of alcohol and neglecting it, caused the breath part of the Defendant’s vehicle back to the front part of the Fing Confluence vehicle driven by the victim E (48 tax) who was waiting in the signal atmosphere on the front side of the Defendant’s vehicle.

Ultimately, the Defendant suffered, by negligence in the above business, the injury to the victim E, such as salt, tensions, etc. of the climatic tensions requiring approximately two weeks of treatment, and the injury to the victim G (V, 47 years of age) who is the passenger of the victimized vehicle, including salt, tensions, etc. requiring approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

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

1. Notification of the results of regulating drinking driving;

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, 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 of the Criminal Act (the point of injury caused by negligence in the course of performing duties);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Imprisonment with prison labor and imprisonment with prison labor for a crime of violating the Traffic Act on the selective road traffic;

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