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(영문) 춘천지방법원 강릉지원 2016.08.11 2016고단739
교통사고처리특례법위반등
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

1. On April 24, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) was under the influence of alcohol level of 0.074% among blood transfusions on April 24, 2016, the Defendant was operating the national highway No. 7 in front of D's 24 tons and Kao trucks in C in the direction of resignation.

Since there are a lot of traffic of vehicles, the driver has a duty of care to ensure the safe operation by accurately manipulating the front door and the left and right of the driver, and the steering and operation of the steering system.

Nevertheless, the Defendant was negligent in driving the vehicle while driving the vehicle on the front side of the foregoing cargo E (45).

F The lower part of the back part of the passenger car of the above cargo vehicle was collected by the front part of the above cargo vehicle, and the above low typ van was sealed by the vehicle, and the part of the back part of the victim G (44 tax) driver of the above typ passenger car of the victim G (44 o) who was waiting for the signal at the front of the vehicle was received by the victim E, the passenger, the driver of the above typ bus, the victim J(52 o), the passenger G, the passenger, the driver of the above typ passenger car of the above typ, the victim J(52 o), the passenger, and the victim K (47 years o), and the victim K, respectively, suffered from the injury, such as light fump, which requires two-day medical treatment.

2. Violation of the Road Traffic Act (drinking driving) was driven by the Defendant, under the influence of alcohol 0.074% from the section of approximately 40km in blood alcohol level to the national highways 7 in the front of the D latter part of D, which was located in C, in the direction of C, at the time of March 1, 200, in the direction of alcohol leveling 0.074% from the direction of D, which is located in the front of the office oil reservoir in the city of Gangseo-si in the city of Gangseo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition and a written diagnosis;

1. Application of Acts and subordinate statutes to a report on detection of drivers;

1. Article 3(1) and the proviso of Article 3(2) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of occupational and dental occupation) and Article 148-2(2) of the Road Traffic Act concerning criminal facts.

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