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(영문) 수원지방법원 2013.08.14 2013고단1186
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for 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 motor vehicle at a low price.

On November 22, 2012, the Defendant driven the above vehicle while under the influence of 0.142% of blood alcohol concentration at 0.142%, and proceeded along the three-lane road in front of the “water-source old galle road” located in the upstream of the Sejong-si Station.

At the time, the Defendant tried to change the lane from the third to the fourth line. In such a case, the Defendant had a duty of care to inform the person engaged in driving service of the direction by direction, etc. in advance, and to safely change the lane and prevent the accident due to the safe change of the lane.

Nevertheless, the Defendant neglected this and neglected to change the line to four lanes, and was driven by the victim E (year 53) who was driving from the four lanes, and received the part in front of the left side of the freight truck, which was driven by the victim E (year 53).

Ultimately, the Defendant suffered injury to the victim E, such as catum salt, which requires approximately two weeks of medical treatment due to such occupational negligence, and injury to the victim G (35 years of age) who was accompanied by the catum fat in the catal cargo vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on actual condition;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Statement of police statement concerning E and G;

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

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

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. The defendant under Article 62(1) of the Criminal Act, even though he/she had the record of punishment for drinking twice.

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