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(영문) 의정부지방법원 2018.06.29 2018고단1376

교통사고처리특례법위반(치상)등

Text

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving vehicles B QM6.

1. On February 10, 2018, the Defendant driven the said QM6 vehicle under the influence of alcohol concentration of about 0.094% in the section of about 25km from the area of the blood alcohol level to the outer circulation of the 25km in Yang-si, Seoyang-gu, Seoyang-gu, Yangyang-si to the Goyang-si, Goyang-si, Goyang-si to the outer circulation.

2. The Defendant of the Special Act on the Settlement of Traffic Accidents (Bodily Injury) driven the above vehicle while under the influence of alcohol at the above time in the above day, and led the three-lanes of the five-lane off the outer circular road of the Gama-ro, the outer circular road of the Gama-ro, which is a five-lane, to the Howon IIC room at the Gae-ro.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by accurately operating and safely driving the steering system, brakes, and other devices of the motor vehicle.

Nevertheless, the Defendant neglected to do so and proceeded in a state where he neglected to do so and neglected to do so, and was able to drive the victim C (22 tax) with the front part of the said vehicle, and followed up the three cargo vehicles and then received a part of the three cargo vehicles.

After all, the Defendant suffered from the above occupational negligence to the victim C with a diversified heat, etc. requiring approximately six weeks of medical treatment, and to the victim E (PP) who is the passenger, approximately 16 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions and a report on occurrence;

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

1. Notification of the results of regulating drinking driving;

1. Investigation report (the application of the above dmark);

1. Medical certificates, etc.;

1. Application of statutes on site photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol);

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (it is between the violations of the Act on Special Cases concerning the Settlement of Traffic Accidents).