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(영문) 의정부지방법원 고양지원 2017.01.19 2016고단3505

교통사고처리특례법위반(치상)등

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

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

1. On November 7, 2016, the Defendant driven a C-Pler vehicle in the state of alcohol alcohol concentration of about 0.135% from the bus terminal in the face of the aptitude of the bus at the P-Paju on a level of no more than 20:40 on November 7, 2016 to the two front roads.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving of a car at C.

On November 7, 2016, the Defendant driven the said car while under the influence of alcohol, as described in paragraph 1 of around 20:40, the Defendant continued to drive the said car at a speed of about 40 km from the front side of the street to the front side of the street at the time of wave.

At the time, the location is night, and the center line of yellow solid lines is installed, so there was a duty of care to ensure that a person engaged in driving a motor vehicle should thoroughly operate the motor vehicle in the front line and safely.

Nevertheless, the Defendant neglected this and took the front of the Defendant’s vehicle in front of the passenger car by driving the victim D(34) E-wing and the front of the knife, which was driven by the negligence of the Defendant’s failure in driving the central line.

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, the injury to the victim D, such as finite finites, which requires approximately two weeks of treatment, and the injury to the victim F (3) who was on board the damaged vehicle, such as finite finites that require approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each written diagnosis;

1. A survey report on actual condition, a report on the situation of a driver driving, and a notice of the results of regulating drinking;

1. Application of statutes on site photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents (referring to the injury caused by occupational negligence) and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning facts constituting an offense;

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

1. Punishment of imprisonment without prison labor for a crime violating the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Sentence;