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(영문) 의정부지방법원 2016.07.29 2016고단1298

교통사고처리특례법위반등

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A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving a CM5 vehicle.

On February 27, 2016, the Defendant made a left-hand turn to the right-hand turn in the direction of luminous company in the direction of the high-speed company in the direction of the high-level company, 48 Do-ro, 0.100 percent of alcohol in the blood. The Defendant made a left-hand turn to the right-hand turn in the direction of the high-level company in the direction of the high-level company.

At the same time, the signal is installed and operated, and the sign for a non-protective left-hand turn is installed, and the driver of the vehicle has a duty of care to prevent the accident from being obstructed by the normal traffic of other vehicles in the opposite direction.

Nevertheless, the defendant neglected this and neglected to turn to the left due to negligence, and caused the victim to go beyond the floor by collisioning the front part of the E-Engine of the victim D (33 ) driving in the direction of opposite to the fault of the defendant's vehicle with the front part of the bicycle.

Ultimately, the Defendant suffered injury to the victim, such as the left-hand clothes and alleys, which require approximately eight weeks of medical treatment due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking) driven CM5 car in the state of alcohol alcohol concentration of about 0.10% from the 80m section of the blood alcohol level to the 39mn Dondo Dondo 48, Yang-si, Yang-si, Yang-si, Yang-si, Yang-si, Yang-si, Yang-si, Yang-si, Yang-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. Notification of the results of regulating drinking driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 3(1) and the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant criminal facts, Article 3(1) and (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the occupation of occupational and dental duties, the choice of imprisonment without prison labor), Article 1