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(영문) 수원지방법원 2017.09.26 2017고단3536
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

Criminal facts

The defendant is a person who is engaged in driving a Category B truck.

On May 6, 2017, the Defendant driven the said truck at a speed that would not be known to the port elementary school located on the port side, while under the influence of alcohol level of 0.186% in blood, and driving the said truck at a speed that would not be known to the port elementary school on the port side.

Prior to the same direction, the victim E (53) driven by the victim F (54 years old), followed the passenger car in the G low-speed string, where the victim F (54 years old) is on the same way, and thus, the driver had a duty of care to prevent the accident by keeping the safety distance that can be avoided when the vehicle stops, and operating the brake accurately by accurately operating the brake.

Nevertheless, the Defendant, while under the influence of alcohol, stopped to turn to the left as it is due to negligence while driving, found the above low-speed car and did not move to the U.S. at a late time, and received the above high-speed car from the Defendant in front of the freight vehicle.

Ultimately, the Defendant suffered, by occupational negligence, the injury of the victim E, such as “satise satons and tensions,” which requires approximately two weeks of medical treatment, and the victim F, such as “catum satum satums and tensions” which require approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Reports on traffic accidents, related photographs, etc., reports on the detection of drivers engaged in the primary business and circumstantial reports on drivers engaged in the primary business;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act (the point of drinking), Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

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

1. Crimes of violating the traffic laws on the roads chosen for punishment: Imprisonment;

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