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(영문) 의정부지방법원 2018.04.18 2017고단5167
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving of a vehicle CPoter II in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

On November 12, 2017, the Defendant driven the foregoing cargo vehicle under the influence of alcohol level of 0.152% among blood transfusions on November 21, 2017, and driven the three-lane road in front of the Gyeonggi 20,000, along three-lanes in the mountain basin as required from the ebbbbbbbs.

At the time, there are nights, and there are vehicles waiting for signal signal in accordance with red signals, so there were duty of care to operate the driver of the vehicle accurately and operate the steering gear and brake system of the vehicle and thoroughly at the front time and drive the vehicle safely.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, was driven by the victim E (55 years old) who is waiting for a signal at the front bank due to the negligence of driving the f4.5 tons of truck vehicle, and received the part of the panion behind the driver’s seat of the above truck vehicle.

As a result, the Defendant suffered, by the above occupational negligence, the injury to the victim E, such as salt, tensions, etc. in light of the 2-day medical treatment, and the injury to the victim G (the 56-year-old age), who is the passenger of the victimized vehicle, about two weeks of light clocks and tensions, respectively.

2. The Defendant violated the Road Traffic Act (drinking of alcohol) on the part of approximately 6.7 km from the roads near the Yancheon-gun, Gyeonggi-do, Jeoncheon-gun, Seoul Special Metropolitan City, to the roads in front of Dongbcheon-si, the summary of the evidence that the Defendant driven C-II cargo vehicles with alcohol concentration of about 0.152% while under the influence of alcohol at the section of about 6.7 km from the roads in front of

1. Statement by the defendant in court;

1. All E and G statements;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

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 (a point of injury caused by occupational negligence) and Article 148-2(2) of the Road Traffic Act concerning criminal facts.

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