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(영문) 의정부지방법원 2018.08.17 2018고단2035

교통사고처리특례법위반(치상)등

Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the execution of the above sentence 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 passenger car amount.

On April 21, 2018, the Defendant driven the said car under the influence of alcohol level of 0.148% from blood alcohol level around 00:09, and became to turn to the left at an unfit speed, depending on the road side, which is one-lane in the direction of the government from the surface of the two apartment banks, at the time of the government.

In such cases, the driver of a motor vehicle has a duty of care to safely drive the motor vehicle at the center of the intersection by driving the motor vehicle along the right side of the center line.

Nevertheless, due to the negligence of overworking the steering gear, part of the center line was invaded and immediately left left, the victim E who was waiting for the walking signal on the left-hand traffic island in the course of the course of the navigation and the part of the bridge of the F of the operation of the steering gear was the front part of the Defendant’s driver’s car.

Ultimately, the Defendant suffered injury to the above victim E by negligence in the course of performing the above duties, such as in the joints and joints of the right to the right, which requires approximately 12 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 F and G preparation;

1. A report on accidents in preparation of E;

1. The actual investigation report on traffic accidents;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

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

1. Relevant legal provisions concerning criminal facts, Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act (the point of causing occupational negligence, the selection of imprisonment without prison labor), Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of driving alcohol and the selection of imprisonment with prison labor);

1. The punishment provided for in the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 38(2), and 50 of the same Act for the aggravation of concurrent crimes (the punishment shall be aggravated by concurrent crimes with the punishment stipulated in the Act on Special Cases concerning the Settlement of heavy Traffic Accidents, but the minimum sentence shall be punished by imprisonment with prison labor, and the minimum sentence shall be determined by the crime of violating the Road Traffic Act;