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(영문) 의정부지방법원 고양지원 2017.06.15 2017고단1100
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

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 freight vehicle B and is in breach of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On April 5, 2017, the Defendant not only secured a safety distance while driving the above cargo vehicle around 15:35 and driving it at a bus stop located at the 6.8-lane in Busan City, a city where the front road of the 6th city in Mountain City is under the influence of alcohol level of 0.085% in blood, and the Defendant was driving along three lanes in the direction of a multi-rate intersection from the home flusing bank to the two-lanes of the two-lanes under the influence of alcohol level of 0.085% in blood, as above, while driving the above cargo vehicle at around 15:35, 2017, the Defendant was under the influence of alcohol level of 0.00,000.

C Operation D 5600, the back of the airport bus was shocked by the front part of the above wing-down vehicle.

The Defendant, by these occupational negligence, sustained the victim E (57) and the victim F (55 years old), who was on board the bus, from around two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a B-wing truck with alcohol content of 0.085% under the influence of alcohol at a temporary place, such as Paragraph 1, at the same time as Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each statement of E and F;

1. Report of a traffic accident, report on the occurrence of a traffic accident, report on the circumstances of the driver who takes driving, and report the results of regulating drinking;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes (E) and medical certificates (F);

1. Article 3(1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Articles 148-2(2)3 and 44(1) of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of each sentence of imprisonment with prison labor for the crime against the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Time of the Punishment and the Violation of Road Traffic Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Order to attend a lecture and order to attend a lecture;

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