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(영문) 수원지방법원 안산지원 2018.10.18 2018고단2715

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a B-si vehicle;

On July 8, 2018, the Defendant driven the 4-laned road of the front distance of D, which is located in Ansan-si, Seosan-si, Seosan-si, Seoul, in the direction of Incheon from water sources to the direction of Incheon.

At the time, at night and where there is a center line of yellow solid lines, there was a duty of care to prevent accidents in advance by thoroughly driving the vehicle in front and safely driving the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was in front of the seat of the said taxi driver by the victim E, who was in the middle line with the opposite line in the direction of the crossing and was in the middle line due to negligence and was in the middle line in the opposite direction of the intersection.

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

2. The Defendant violated the Road Traffic Act (drinking driving) driving the said taxi under the influence of alcohol with approximately 0.138% alcohol concentration in blood from the 1km section to the place indicated in paragraph (1) around the Japanese comprehensive market located in the Solsan City, Seog-gu, Sinsan-si, Sinsan-si, as stated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the place of drinking alcohol and a medical certificate;

1. Relevant Article 3 (1) and the proviso to Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act (the occupation and actual occupation, the choice of imprisonment without prison labor), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the driving of alcohol and the choice of imprisonment with prison labor) concerning criminal facts;

1. All the circumstances shown in the record, including the reasons for sentencing Article 37 (former part), Article 38 (1) 2, Article 38 (2), and Article 50 of the Criminal Code, are as follows.