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(영문) 전주지방법원 2017.08.29 2017고단952
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of one year 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 service of the BPoter-II cargo.

On May 14, 2017, around 19:08, the Defendant was driving the above cargo vehicle on the front of the 4-year village of Taejin-gu, Seojin-gu, Seoul Special Metropolitan City on May 14, 2017.

In this case, the driver has a duty of care to prevent accidents by accurately manipulating the front and rear left and left, and the steering gear of the driver.

Nevertheless, the Defendant, while under the influence of alcohol level 0.183% in blood, found the victim C (the South, the age 48) driving of the Defendant waiting for the signal at the front of the Defendant due to the Defendant’s failure to fulfill such duty of care, due to occupational negligence, caused the injury to the victim C, such as clouds and tensions that require approximately two weeks of treatment, and caused the victim E (the son South, the 49-year-old age-old) by using the above Do passenger car above the above 48-day passenger vehicle, thereby causing the injury to the victim C, such as clouds and tensions that require approximately two weeks of treatment.

2. The Defendant was under the influence of alcohol level of 0.183% during the day-to-day alcohol level under paragraph (1) and driven B-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. A survey report on actual conditions;

1. Application of Chapter Two Acts and subordinate statutes to medical certificates;

1. Article 3(1) and the proviso to Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts; Article 268 of the Criminal Act; Article 148-2(2)2 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. The imprisonment without prison labor and the remainder for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

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