logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2017.01.13 2016고단772
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence 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 driving B-B cargo II.

On September 12, 2016, the Defendant driven the above cargo vehicle while under the influence of 0.203% alcohol during blood transfusions on September 23:20, 2016, and led to two-lanes along the two-lane road in front of Western City, Seosan City along the intersection of the erode, along the two-lanes toward an armed industrial complex.

At the time, since the freight truck was parked at night and is parked at the front door, there was a duty of care to safely drive the vehicle to prevent accidents by driving the vehicle in advance by safely driving it, such as making it possible for a person engaged in driving the vehicle to live well, accurately operating the steering wheel and brakes.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting to keep the front door of the truck, and the rear part, etc. of the truck freight truck loaded was found to have been driven by the Defendant’s driver’s operation as the main part of the truck II.

As a result, the Defendant suffered from the above occupational negligence on the part of the victim E (hereinafter 43) who was accompanied by the above Poter II cargo, for about 10 weeks of medical treatment, injury such as franchising, etc., and injury to the victim F (V, 48 years of age) who was accompanied by the above Poter II cargo, for about 6 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. The application of Acts and subordinate statutes to traffic accident reports, on-site photographs, circumstantial statements of drivers taking the main place, and medical certificates;

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

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

1. Selection of imprisonment without prison labor for a crime of violating the Act on Special Cases concerning the Settlement of Optional Traffic Accidents: Imprisonment without prison labor and a violation of the Road Traffic Act;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

arrow