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(영문) 수원지방법원 안산지원 2018.04.10 2017고단3475
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving of CF freight cars in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On September 15, 2017, the Defendant driven the above vehicle while under the influence of alcohol level of 0.095% among the blood transfusion around 19:00, and proceeded at a speed of about 30 km per hour by the front side of D at the time of showing, with the ethical patrol box from the front side of the E school.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to properly see the front side and the right and the right and the right of the motor vehicle and to accurately manipulate the steering and brakes so as to prevent the accident.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and received the victim F who crosses the road to the right side from the left side of the proceeding direction as the front driver of the above vehicle of the Defendant.

As a result, the Defendant suffered injury, such as duplicating cages of cupages, closure, etc., from the victim’s occupational negligence in need of approximately 15 weeks of medical treatment.

2. On September 15, 2017, the Defendant: (a) driven a CF-on truck under the influence of alcohol content of at least 0.095% in a section of about 400 meters from the front of the E-school located in G at Sinung-si to the first road in Sinung-si; (b) on September 15, 2017, the Defendant driven a CF-on truck under the influence of alcohol content of at least 0.095%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Inquiries about the results of crackdown on drinking driving;

1. Each written diagnosis;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, and application of Acts and subordinate statutes of traffic accident reports;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act, Article 3 (1) and Article 3 (2) 8 of the Act on Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation and actual occupation, the selection of imprisonment without prison labor), Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the selection of imprisonment with prison labor);

1. Reasons for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 38(2) and 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommended punishment].

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