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(영문) 의정부지방법원 2016.12.09 2016고단2762

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving a vehicle with B low-speed.

On June 12, 2016, at around 22:05, the Defendant tried to move a B low-speed car that was parked in the direction of gold lurrith from the front side of the Kundong apartment located in 28, Jinnam-ro 884-No. 28, Jinnam-gu, Jinnam-gu, Jinnam-do, Seoul, to a level of 0.160% alcohol content.

In this case, the driver of the vehicle has a duty of care to safely drive the vehicle by taking into account the traffic situation in front and rear.

Nevertheless, the Defendant neglected this and continued to stop in the future, and shocked the front part of the victim C's trop XG vehicle in the future.

As a result, the Defendant suffered from the above occupational negligence on the part of the victim C (the 30-year old), the injury of chest c, etc. in need of medical treatment for about two weeks, the injury of the victim E (the 25-year old, female) who is the passenger of the damaged vehicle, the injury of climatic c, etc. in need of medical treatment for about three weeks, and the injury of the victim F (the 5-year old), who is the passenger of the above vehicle, such as climatic dump, etc. requiring medical treatment for about one week.

2. A around June 22, 2016, Defendant A driven a knife car at a level of approximately 0.160% with blood alcohol content at the section of approximately 1m in front of the extreme apartment, located at approximately 884-gil 28, Nam-gu, Namyang-gu, Namyang-gu, Namyang-do.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Notification of the control of drinking driving;

1. Making a fact of the control of drinking driving;

1. The actual condition survey report;

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

1. Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents by Relevant Acts and the Selection of Punishments, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act;

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

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