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(영문) 의정부지방법원 2017.05.02 2016고단5135
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a person who is engaged in the operation of Bribeer Schex freight truck.

On November 8, 2016, the Defendant driven the above cargo vehicle under the influence of 0.093% alcohol during alcohol during blood transfusion 0.40%, and led the front road to the front of the 87 common intersection of the Sin-si, Jin-si, the Sin-si, the Sin-si, the Sin-si, the Sin-si, the Sin-si, the Sin-si, the front road, along the two-lanes in the direction of the Sin-si apartment.

At the time, there is a vehicle waiting for signal, and in such cases, the driver engaged in driving duty has a duty of care to prevent the accident by keeping the front door and the left door door well and safely driving in advance.

Nevertheless, the Defendant’s negligence, which led to the Defendant’s failure to stop, led the Defendant to the left-hand side of the victim C(53) driving D, which led to the Defendant’s collision, and shocked the part above the right-hand side of the said cargo.

As a result, the Defendant suffered, from the above occupational negligence, the above victim E (the 57-year old-old) who is the passenger of the victimized vehicle, the catitis, etc. requiring approximately two weeks of medical treatment, and the catitis, etc. requiring approximately two weeks of medical treatment to the victim F (the 48-year-old age-old) of the same passenger, and the catitis, etc. requiring approximately two weeks of medical treatment to the victim of the same passenger (the fat, the 47-year-old-old-age-old-age-age-age-age-age-age-age-age-age-age-age-age-of-age-age-age-age-of-the-job treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report on the actual condition of a traffic accident, notification of the results of crackdown on drinking driving, and photographs of the accident scene;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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) 3, and Article 44 (1) of the Road Traffic Act concerning criminal facts (any point of drinking);

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

1. Punishment of imprisonment without prison labor for a crime violating the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Sentence;

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