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(영문) 의정부지방법원 고양지원 2017.11.02 2017고단2317

교통사고처리특례법위반(치상)등

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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. On May 3, 2017, the Defendant was under the influence of alcohol by at least 00:40 on the roads in front of a mutual influorial restaurant located in the Dong-ri, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul, to the roads in front of the same city, the Defendant driven Cma motor vehicle while under the influence of alcohol by at least 0.11% from the 16km section to the roads in front of B in the same city.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the above M&A car at the time of the day set forth in paragraph 1 and led the Defendant to drive the said M&A car at the front of the foregoing B with the face of an aptitude box at the distance of the present range.

At the night and where there is a center line of yellow solid lines, there was a duty of care to prevent accidents in advance by safely driving the vehicle by safely maintaining the vehicle line, such as making a well-round left and left by the driver of the vehicle, and accurately operating the steering wheel and brakes.

Nevertheless, the Defendant 1, while under the influence of alcohol, was driving a center line by neglecting it, thereby driving the Defendant’s vehicle in front of the left-hand edge of the passenger vehicle, and was driving the victim D(53 Do) driveed on the right-hand edge of the passenger vehicle.

Defendant 1 suffered injury to the victim by negligence in the course of the above business as to about 10 weeks after the left-hand side in need of approximately 10 weeks treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3(1) and 2 of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment; Article 3(2) proviso 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act (the occupation of and the type of imprisonment without prison labor), Article 148-2(2)2 of the Road Traffic Act and Article 44(1) (the driving of drinking alcohol);

O. Imprisonment selection)

1. The punishment provided for in the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) shall be imposed.