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(영문) 전주지방법원 2019.02.19 2018고단2210
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 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 a cargo vehicle B 25 tons.

1. On September 10, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) was driving the above cargo vehicle and driving it along the two-lanes between the two-lanes where the 73 kilometers in the area of sewage located in the area of sewage located in the Yando-gun, Jeollabuk-do, Jeollabuk-do, in the state of under the influence of alcohol by 0.127%.

At this point, it was an expressway with frequent traffic of other vehicles. In such cases, when it is likely that a person engaged in driving service may impede the normal traffic of other vehicles, he/she has a duty of care to safely drive without changing his/her course.

Nevertheless, the Defendant neglected this and neglected to change the course to a single lane, and received the front part of the driver's seat of the victim C(38 years old) driver's automobile to the front part of the driver's vehicle of the victim C(38 years old).

As a result, the Defendant suffered injury to the victim, such as an open two weeks of treatment, which requires approximately two weeks of treatment, due to the above occupational negligence.

2. The Defendant was under the influence of alcohol level of 0.127% on the date and time set forth in paragraph (1) of the Road Traffic Act, and was driving the said cargo at a section of about 20 kilometers from the Do in front of the village parking lot in the Do in the city of Jeollabuk-do to the point of the said accident.

Summary of Evidence

1. Defendant's legal statement;

1. 실황조사서⑴⑵

1. Statement (C);

1. Two copies of a medical certificate;

1. Notification of the results of regulating drinking driving;

1. The circumstantial statement of the employee;

1. The application of Acts and subordinate statutes governing blood alcohol appraisal;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning criminal facts (the point of sound driving and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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