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(영문) 의정부지방법원 2018.01.30 2017고단4114

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of 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 a vehicle in CK3 vehicle.

On August 20, 2017, the Defendant driven the said car under the influence of alcohol content of 0.07% in blood around 21:45 on August 20, 2017, while driving it, and driving it into three-lanes among three-lanes, namely, Howon-dong 265-1, Howon-dong, Howon-gu, Howon-gu, Howon-won, in the discharge of the Government Arts Center at Howon-won.

In such cases, the driver has a duty of care to change the course when it is likely to obstruct normal traffic in the lane that he/she intends to change, and the driver has a duty of care to safely change the direction light in advance to prevent accidents.

Nevertheless, the Defendant neglected this and went through the same direction as the two-lane due to the negligence of changing the two-lanes of the two-lanes of the Victim D (49 S) driving, which had been driving in the same direction, shocked into the part of the front part of the Defendant driving.

Ultimately, the Defendant suffered, by its occupational negligence, the injury to the victim G, who is the passenger of the victimized vehicle, such as the left salked sale, etc., requiring approximately three weeks of treatment, the Defendant suffered from the victim F (F, who is the passenger of the victimized vehicle, about three weeks of treatment, such as the base base and tension, and the victim G (V, 17 years of age), who is the passenger of the victimized vehicle, about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident in D, F and G;

1. Notification of a survey report on actual conditions and the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning criminal facts, Article 268 of the Criminal Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning criminal facts (any point of drinking);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Punishment of imprisonment without prison labor for a crime violating the Act on Special Cases concerning the Settlement of Traffic Accidents in Need of Sentence;