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(영문) 서울남부지방법원 2020.09.17 2020고단2137
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 is a person who is engaged in driving of B Poter cargo vehicles.

1. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was under the influence of alcohol 0.150% on March 26, 2020, and was under the influence of alcohol 0.150% on blood alcohol level, the Defendant was under the influence of the said vehicle in front of the exit exit No. 28 Gocheon-ro 1, Gangseo-gu Seoul Metropolitan Government.

In such cases, there was a duty of care to prevent accidents due to the depression of the driver who is engaged in driving service.

Nevertheless, when the defendant was under the influence of alcohol due to negligence, the defendant got the victim C(the age of 61) who was parked on the rear side of the defendant's vehicle in the aftermast, and the victim who was working after the vehicle was faced with the damaged vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment by occupational negligence.

2. The Defendant was under the influence of alcohol level of 0.150% on the date and time set forth in paragraph (1) of this Article, and was driving the said vehicle by a method of internshiping in a section of about six meters from the front of the exit of Gangseo-gu Seoul Metropolitan Government 28 Gao-ro 1 to the front of the exit of the opening space of about 1,00-ro 28 Gao-ro 1.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident investigation report, a written statement, a report on internal investigation, a photograph of the scene of the accident, etc. (eight copies);

1. A medical certificate;

1. Application of Acts and subordinate statutes to reports on the statement of the state of drinking drivers, investigation reports (report on the circumstances of drinking drivers), and notification of the results of the control of drinking driving;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (3) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of a sound driving);

1. Crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in which punishment is imposed, shall be sentenced to imprisonment without prison labor;

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