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(영문) 부산지방법원 서부지원 2018.10.02 2018고단903
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six 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 driving a cargo vehicle of one ton in B.

On April 10, 2018, the Defendant driven the above cargo while under the influence of alcohol level of 0.108% from blood alcohol level around 08:20 on April 10, 2018, and proceeded along two lanes in the direction of the speed of 5 lanes from the opening side to the main intersection.

In such a case, despite the occupational duty of care to make a person engaged in driving service well look at the front side and the left side, and to prevent the accident that should accurately operate the steering direction and the brakes, the driver neglected to do so and neglected to perform his duty of care, and instead neglected to perform his duty of care in the front side of the Defendant’s cargo vehicle, thereby receiving the part of the driver’s fwing and the part of the driver’s 1 ton cargo loaded at the front side of the Defendant’s cargo vehicle, which was driven in the front side of the Defendant E (58 Do) from the victim’s G (69 Do) who was driving in the front line of the said wing and the front part of the said cargo vehicle.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim E such as salt, tensions, etc. in need of approximately three weeks of medical treatment, injury to the victim G, injury to the brain-dead sugar that requires approximately two weeks of medical treatment, and injury to the victim I (V, 38 years of age) aboard a taxi to the victim I (V, she) who was on a cab for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident in E and G;

1. Reports on traffic accidents, reports on occurrence of traffic accidents, reports on the circumstances of drivers involved in driving, and reports on the circumstances of drivers involved in driving;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to photographs of accident vehicles;

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) 2 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the driving of alcohol;

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

1. Selection of penalty;

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