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(영문) 의정부지방법원 고양지원 2017.07.05 2017고단1531

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 18, 2017, the Defendant was driving a B B B B B B-ball vehicle under the influence of alcohol content of about 0.097% in a section of about 1km from the 1km to the modern smuggling road located in the same Dong-gu, U.S.-dong, U.S.-dong to a high altitude.

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

On January 18, 2017, the Defendant driven the said car while under the influence of alcohol, as described in paragraph 1 of around 02:40, and driven it at the speed of about 30 km per hour at the speed of 50 km in front of the modern smuggling, which is located in the white zone in the Dong-gu, U.S. at the ancient city.

At night, the Defendant was at night, and the Defendant was behind the victim C(58) driving in the same direction, and the Defendant was able to see the front door, and when the above taxi stops, there was a duty of care to ensure sufficient safety distance to avoid it.

Nevertheless, the Defendant did not avoid the above taxi which was stopped for signal waiting due to negligence while under the influence of alcohol while neglecting it, and received the back spread of the above taxi by the Defendant’s driver in front of the car.

Ultimately, the Defendant suffered injury to the victim C by occupational negligence, such as dump dump, which requires approximately one week medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

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 relevant Act, 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 actual 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. Aggravation concurrent crimes;