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(영문) 의정부지방법원 고양지원 2018.06.27 2018고단731

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a car of Bdisolar.

On February 28, 2018, the Defendant driven the above vehicle while under the influence of alcohol content of 0.081% during blood transfusion 0.081%, and driven the two-lane road in the front of the D-do in U.S. Dong-gu, U.S., U.S. at the ancient city along the two-lane distance from D-S. to Sim.

Since there is a place where a crosswalk with signal lights is installed, the driver of the vehicle has a duty of care to prevent accidents by safely driving the vehicle, such as reducing speed, maintaining the right and the right, and the right and the right, and observing the electric signal.

Nevertheless, the Defendant neglected this and continued to enter the crosswalk on the front signal of the vehicle and received the front part of the Defendant’s vehicle in front of the Defendant’s vehicle, with the right side of the victim E (33) who dried the crosswalk in accordance with the pedestrian signals, from the left side of the road in the direction of the Defendant’s course.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately three weeks of medical treatment due to occupational negligence.

2. On the day specified in paragraph 1, the Defendant was driving a Bsbert vehicle in the state of alcohol alcohol concentration of about 2 km from the front side of the so-called Yansan-dong, Seoyang-gu to the D parking lot located in the same Gu at the same time. The Defendant was under the influence of alcohol with 0.081% of alcohol concentration in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. Notification of the results of regulating driving of drinking alcohol, a statement in the circumstances of the driver of drinking alcohol, and an investigation report;

1. A medical certificate;

1. Application of Acts and subordinate statutes on image analysis photographs;

1. Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment; proviso of Article 3(2)1, 6, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents; the Criminal Act.