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(영문) 대전지방법원 서산지원 2018.02.09 2018고단25
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. On September 29, 2017, the Defendant driven a D-wing and C cargo vehicle with a alcohol level of about 2km from around 03:00 to around 03:15 on September 29, 201, under the influence of alcohol level of about 0.083% from the 2km section to the front road located in the same military field B.

2. The Defendant is a person who is engaged in driving a motor vehicle with D-wing and Ⅲ freight in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On September 29, 2017, the Defendant continued to proceed from the northwest to the traffic plaza, one lane in front of C in the west-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do around 03:15.

Since there is a road where a central line is installed at the time, in such a case, a person engaged in driving of a motor vehicle has a duty of care to protect the vehicle line and to prevent the accident by safe driving.

Nevertheless, the Defendant neglected this and caused injury to the victim E (the other 45 years old) who was in the middle line due to the negligence of driving a motor vehicle in the middle line while under the influence of alcohol as described in paragraph 1, due to the shock of the top part of the Fworket No. 1 driven by the victim E (the other 57 years old) in front of the left-hand part of the said cargo vehicle, resulting in the injury of the victim E, such as the blood flading flading of the external blag, which requires approximately 8 weeks of treatment. The Defendant suffered injury to the victim G (the other 45 years old) who was in the said taxi for about 8 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the traffic accident report, accident video, main driver's circumstantial statement report, each diagnosis certificate, and investigation report (record 71 pages or less);

1. Article 3 (1), the proviso to Article 3 (2) 2 and 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 criminal facts;

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

1. Crimes against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents:

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