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(영문) 의정부지방법원 고양지원 2016.12.23 2016고단2988

교통사고처리특례법위반(치상)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person engaging in driving a BM6 car.

At around 05:50 on September 7, 2016, the Defendant driven the above vehicle while under the influence of alcohol of 0.161% of blood alcohol level, and led to the running of the Dosan Elementary School, which is in the east-dong, from the vicinity of the gold village.

In this case, the driver has a duty of care to reduce the speed, to live well the right and the right and the right of the driver, and to drive safely in accordance with the signals.

Nevertheless, the Defendant neglected this and proceeded with the red signal as it is, due to the negligence of proceeding the above intersection, and the victim C (the 51-year-old) who was driving from the view village to the intersection, received the adjacent parts of the Dgishland car driven by the victim C (the 51-year-old).

As a result, the Defendant suffered injury to the victim C, such as 11, 12, the left-hand side in need of approximately four weeks of medical treatment, and the victim E (the 51 years of age) who is the same passenger of the damaged vehicle, respectively, for about two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) at the time stated in paragraph (1) of this Article, the Defendant driven a BM6 vehicle under the influence of alcohol with a blood alcohol concentration of about 5km from the 5km section from the new transport garage in the Triju-si-dong to the front distance in front of the Dosan Elementary School located in the same city-dong.

Summary of Evidence

1. Defendant's legal statement;

1. C and E’s written statements, report on traffic accidents, investigation report on actual condition, and notification of the results of the regulation of drinking driving;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a photograph by cutting down the name of the accident scene and video;

1. Article 3 (1), the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (a point of sound driving);

1. Trade name;