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(영문) 의정부지방법원 고양지원 2019.03.15 2018고단3132

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

The defendant is a person who is engaged in driving of B car cars.

1. Around 06:10 on November 17, 2018, the Defendant driven the foregoing vehicle while under the influence of alcohol of about 0.14% of alcohol concentration at approximately 7.5km from the Do adjacent to the YY that was located in the C of the same city at the time of Pakistan to the front road of the DG located in the same city.

2. Around November 17, 2018, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven by the said motor vehicle and driven the two-lanes of the three-lane road in front of the D School in the case of Pakistan from the gatesan to the 60km Sinju-Eup.

A person engaged in driving of a motor vehicle has a duty of care to safely check the side well.

Nevertheless, the defendant neglected this and brought about the front part of the victim E(E, South and 69 years old) driving in the front part of the vehicle of the defendant, who was in the traffic signal atmosphere due to the negligence of the defendant's vehicle driving under the influence of alcohol, as described in Paragraph 1.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of related persons of E;

1. The actual condition survey report and photographs of the accident site;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes of the medical certificate (E);

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving, the choice of imprisonment), Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases Concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act (the occupation of

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of recommendations according to the sentencing criteria;