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(영문) 의정부지방법원 고양지원 2018.07.12 2018고단1221

교통사고처리특례법위반(치상)등

Text

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

However, the above sentence shall be executed against the defendant for a period of two years from the date of the final judgment.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in the operation of the Lone Star vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On March 15, 2018, the Defendant was under the influence of alcohol content of 0.054% in blood without a driver’s license on March 12:20, 2018, and the Defendant was under the influence of alcohol content of 0.054% in ancient-si, Seoyang-gu, Seoyang-gu, Seoyang-si, 817 Hyundai department store distance was under the influence of the Defendant, one-lane, one-lane from Kink Twit on the side of the original lapt.

Since there is an intersection, a person engaged in driving of a motor vehicle has a duty of care to live well on the front side and the left side, and to accurately operate the steering direction and the brake system.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting to drive the same lane in the same direction as that of the victim C(35) driving prior to the same direction, and received the back part of the passenger car in front of the Defendant’s vehicle.

As a result, the Defendant suffered from the victim’s negligence in the course of performing the above duties, which caused damage to the part of the prosecution requiring approximately two weeks medical treatment.

2. The Defendant was driving the vehicle as referred to in paragraph 1 under the influence of alcohol concentration of 0.054% in blood at the same time and at the same place as that of paragraph 1, and without a driver’s license, at the same time and place as that of paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident;

1. A traffic accident report;

1. On-site photographs;

1. A written statement of persons involved in a traffic accident;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to a report on investigation (receiving a medical certificate);

1. Article 3 (1), Article 3 (2) (proviso) 7 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 subparagraph 1, Article 43 of the Road Traffic Act, Article 148-2 (2) 3, and Article 44 (1) of the same Act concerning facts constituting an offense;

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

1. Selection of penalty;