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(영문) 수원지방법원 성남지원 2014.09.25 2014고단1734
교통사고처리특례법위반등
Text

1. The defendant shall be punished by imprisonment for eight months;

2.However, the execution of the above imprisonment 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 the business of operating the Poter, Postoposa-fol trucks.

On June 10, 2014, at around 23:20, the Defendant driven the above vehicle while under the influence of alcohol of 0.226% of blood alcohol level, and driven the front road from the dry side of Gwangju City to about 50km at a speed, depending on one lane from the dry side.

At the same time, the center line was installed with yellow solid lines, so in such a case, there was a duty of care to safely drive a person engaged in driving service along the lane.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and received the part of the victim C’s Dhhobur in front of the left side of the Defendant’s trucking vehicle running from the right side to the right side on the opposite side by negligence in the course of duty, and received as it is the part of the Defendant’s trucking part on the left side of the motor vehicle.

As a result, the Defendant suffered from the victim’s occupational negligence, such as the closure of a chest boom that requires approximately six weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

2. C’s statement;

3. A traffic accident report;

4. A written report from an employer;

5. Requests for appraisal; and

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

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, Article 268 of the Criminal Act, Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act;

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

3. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

4. Article 62 (1) of the Criminal Act;

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