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(영문) 춘천지방법원 영월지원 2018.05.15 2018고단27
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

The defendant is also a person who is engaged in driving a sports cargo vehicle.

On December 28, 2017, the Defendant driven the said car under the influence of alcohol level of 0.123% during blood transfusion around 22:03, while driving the said car, and driving it toward the ICIC, which has driven on the front side of the Gangwon-gun Eth of Gangwon-gu, Gangwon-do.

At that time, in front of the Defendant’s moving direction, the Victim F(52) car driven by the G car driven by the G car was under way of bypass, and thus, the driver of the vehicle had a duty of care to prevent the accident by accurately manipulating and operating the operation of the brake and steering gear.

Nevertheless, the Defendant had been negligent in driving the said vehicle due to negligence while neglecting to do so and received the front part of the cargo vehicle that the Defendant drives.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim F, such as salt, tensions, etc. on the chills that require approximately two weeks of medical treatment on the part of the victim H (38) who is the passenger of the said passenger, on the part of the passenger, suffered from the injury of chills, tensions, etc., which requires approximately two-day medical treatment on the part of the victim I (43) of the said passenger, such as dynas, tensions, tensions, etc., in need of approximately two-day medical treatment on the part of the victim I (43) of the said passenger, and suffered from the injury to the victim J(35) of the said passenger, such as dynas, dynas, tensions, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, H, I, and J;

1. A survey report on actual conditions;

1. On-site photographs;

1. Each written diagnosis;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents applicable to the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents (the point of driving alcohol) concerning the facts constituting an offense;

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

1. Selection of penalty;

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