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(영문) 의정부지방법원 2017.06.14 2017고단1046

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. The Defendant is a person who is engaged in driving a passenger car B in accordance with the Act on Special Cases concerning the Settlement of Traffic Accidents.

On September 14, 2016, the Defendant driven the said car under the influence of alcohol content of 0.074% during blood transfusion at around 03:30 on September 14, 2016, and proceeded with a single-ju road in the Dong-ri Si Cemetery in the Gu-ri Si Cemetery in Seoul Special Metropolitan City, Nowon-gu.

A person engaged in driving service shall not drive a vehicle while under the influence of alcohol, and has a duty of care to prevent accidents in advance by accurately operating the steering direction and brake system.

Nevertheless, the Defendant was negligent in neglecting this, and the Defendant felled on the sloped side by a day-to-day-on-day-on-way-on-way-on-way-on-way-on-way-on-way-on-way-on-way-on-way-on-way-on-way-on-way-on-way-on-way-on-way-on-way-on-way-on-way-on-way-on-way-on-

2. The Defendant, while under the influence of alcohol content of 0.074% at the time of the day specified in paragraph 1, driven a vehicle with approximately 15 km Bn, up to the point where the said accident occurred on the front of the Jinyang-ro, Seoul Special Metropolitan City (Seoul Special Metropolitan City Gwangjin-gu), while driving the vehicle at around 323-3.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. Reports on each traffic accident;

1. A traffic accident report;

1. A paper of measurement of drinking alcohol;

1. On-site reports (the application of the above dmark formula);

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

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupation of causing a traffic accident, the choice of imprisonment without prison labor), Article 148-2(2)3 and Article 44(1) of the Road Traffic Act (the driving of a motor vehicle and the choice of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 of the Criminal Act: