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(영문) 수원지방법원 2018.11.15 2018고단5203
교통사고처리특례법위반(치상)등
Text

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

However, the execution of the above sentence 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 driving a second cargo vehicle in B.

On August 14, 2018, while under the influence of 0.082% alcohol level in blood, the Defendant proceeds from the road front of the Suwon-si, Suwon-si, a small and medium enterprise support center, from the 3-distance gate of the World Cup, with thorough implementation of an occupational duty to prevent accidents in advance, despite the fact that there was a duty of care to prevent accidents in advance, the Defendant neglected to do so and led the victim D(58 years old)'s eM5 vehicle driving in the atmosphere signaled to the maM5 vehicle at the front part of the Defendant's cargo vehicle, and caused the victim F(33 years old) who was in the front part of the said SM5 passenger vehicle to be pushed back of the G EM observer driver's vehicle driven by the victim F(333 years old).

As a result, the victim suffered salt, tensions, etc. from the Ha (the 27 years old and the 30 years old) and the Ha (the 30 years old), respectively, for about two weeks of treatment to the victim D, and the victim F was suffering from the throst, spathy, spathy, and spathy that require approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of I, J and F;

1. A fact-finding survey report and a report on the occurrence of a traffic accident;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, investigation report (report on the situations of the driver at home), and report on the results of regulating the driving of drinking;

1. Investigation report (victim F and H visit and investigation);

1. Each written diagnosis;

1. Application of statutes on field photographs;

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 the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol);

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

1. Determination of each sentence of imprisonment with prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Sentence and a violation of the Road Traffic Act;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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