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(영문) 창원지방법원 2018.04.04 2017고단4179
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving of CPoter cargo vehicles.

On October 28, 2017, when the Defendant was under the influence of alcohol level of 0.172% during blood transfusion, the Defendant started to drive the said cargo at around 177 Dom 121-2 Dom Dom 177, and started to drive the said cargo at the Fh Dom Dom Dom Dom Dom Dom Dom Dom Dom Dom Dom Dom Dom Dom Dom Dom Dom Dom Dom dom Dom Dom Dom dom Dom dom Dom Dom dom Dom dom

In such cases, the driver has a duty of care to prevent accidents by accurately manipulating the steering and brakes for those engaged in driving duties.

Nevertheless, under the influence of alcohol, the Defendant, by negligence due to the operation of brakes and speed devices, shocked the front part of the foregoing cargo vehicle, and shocked the back part of the passenger flus van.

Ultimately, the Defendant suffered injury to the victim, such as salt dynasium, which requires approximately two weeks of medical treatment, due to such occupational negligence.

2. On the same date as in the preceding paragraph, the Defendant was under the influence of alcohol level of 0.172% in blood while driving a C Poter truck at approximately 1.5 km from the front day of Kimhae-si to the front day of the 177-ro 121-2 smuggling, Kimhae-si, Kimhae-si, as Kimhae-si, at the same time as in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Report on the occurrence of a traffic accident, field map, actual condition survey report, scene photograph of the accident, report on the circumstances of the driver in charge of the accident, investigation report (report on the situation of the driver in charge), response to a request for appraisal, notification of the results of regulating the driving of drinking, and application of Acts and subordinate statutes to the medical certificate;

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

1. Detention in a workhouse (a suspended sentence of execution);

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