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(영문) 의정부지방법원 2018.07.18 2018고단1377

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving CMFW vehicles in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On April 1, 2018, the Defendant driven the above vehicle while under the influence of alcohol at around 01:30, while driving the vehicle, the Defendant proceeded at the speed of the government police station in front of the D in front of the Gu, along the intersection of the wave from the surface of the Gu government police station to the intersection of the wave, at the speed of the motor vehicle.

In this case, the defendant engaged in driving of a motor vehicle has a duty of care to properly see the right and the right and the right and the right of the motor vehicle and to accurately manipulate the steering and brakes so as to prevent the accident from occurring.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, received the part of the front part of the Defendant’s vehicle in front of the foregoing vehicle, following the Fpoter vehicle of the victim E(45) driving, waiting in the same direction as that of the Madern.

As a result, the Defendant suffered, by such occupational negligence, the injury to the victim E, such as dynasium, tensions, etc. in need of treatment for about seven days, the injury to the damaged vehicle G (24 -), the injury to the fynasium, etc. in need of treatment for about two weeks, and the injury to the damaged vehicle H (23 - the fynasium) in need of treatment for about two weeks.

2. On April 1, 2018, the Defendant was driving a motor vehicle under the influence of alcohol, such as the influence of alcohol by the police officer of the Jung-gu Government Police Station I police station, who was dispatched after receiving the said traffic accident report at the places indicated in paragraph (1) around 01:40 on April 1, 2018, and the Defendant appeared to have a response to drinking, and the Defendant appeared to have a smell, a large distance of walking and inaccurately.

There are reasonable grounds to recognize it, the saidJ was demanded from April 1, 2018 to respond to the measurement of drinking alcohol by inserting the whole in a drinking measuring instrument three times from April 1, 2018 to April 1, 2018.

Nevertheless, the Defendant is unable to enter the drinking-free measuring instrument.