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(영문) 의정부지방법원 고양지원 2018.12.21 2018고단2814

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

The Defendant is a person who is engaged in driving a carren vehicle B.

1. On September 27, 2018, the Defendant driven the said car under the influence of alcohol with approximately 0.091% alcohol concentration at a distance of about 10 meters from the upper end of 401 Dong-gu Yandong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu to the lower end of 4 complexes of 10 meters.

2. The Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven the said motor vehicle, and driven the said motor vehicle to turn to the left at the entrance of the Alger Park at the entrance of the said apartment complex, the entrance of the 4-year white village located in the Yasan-dong, Goyang-gu, Goyang-si, Goyang-si.

A person engaged in driving motor vehicles has a duty of care to prevent accidents, such as taking the front side and left side well, accurately manipulating the steering and brake system, etc.

Nevertheless, as described in paragraph 1, the Defendant was negligent in drinking and proceeded as they were, and the Defendant was found to have been in front of the left side of the said vehicle by the victim C (W, 61 years old) who dried up the road on the left side from the right side of the running direction of the motor vehicle of the Marined Defendant.

As a result, the Defendant suffered approximately six weeks of knenee knee in need of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Report on the circumstances of a driver making a drinking and report on the results of crackdown on drinking driving;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Article 37 (former part of Article 37, Article 38 (1) 2, Article 38 (2), and Article 50 (Concurrent Punishment) of the Criminal Act.