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(영문) 의정부지방법원 고양지원 2017.04.18 2017고단568

교통사고처리특례법위반(치상)등

Text

A defendant shall be punished by imprisonment for six 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 CKa car.

On February 5, 2017, while the Defendant was under the influence of 00:32% alcohol level, the Defendant was driving at the right turn from the center of the high-sea-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu to the long-distance long-distance long-distance long-distance long-distance long from the center at the center of the center, and caused the Defendant to turn back to the right right side of the victim's E Eth Eth Ethp vehicle that was under the influence of alcohol due to the Defendant's occupational negligence, which caused the Defendant's failure to perform the duty of safety operation, and caused the victim to suffer from the injury such as catum, tension, etc. requiring the Defendant's treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Investigation report on the actual condition of traffic accidents, notification of the results of crackdown on drinking driving, and the circumstantial report on the driver of drinking;

1. Application of Acts and subordinate statutes to an accident scene photograph and a medical certificate;

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 the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the driving of alcohol;

1. Punishment provided for in Articles 40 and 50 (Punishments provided for in the Act on Special Cases concerning the Settlement of Traffic Accidents against F with heavy criminal circumstances between the crimes violating each Act on Special Cases concerning the Settlement of Traffic Accidents) of the Commercial Concurrent Crimes;

1. In cases of crimes violating the Act on Special Cases concerning the Settlement of Traffic Accidents at the option of punishment, punishment of imprisonment without prison labor shall be imposed, and punishment shall be imposed upon the crimes violating the Road Traffic Act;

1. The aggravated concurrent crimes provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment shall be aggravated for concurrent crimes prescribed by the Act on Special Cases concerning the Settlement of Traffic Accidents, the heavier punishment shall be aggravated, but shall be punished by imprisonment (the aggregated with the long-term punishment of each crime) with prison labor: Provided, That the lower limit shall be the punishment prescribed for the crime of violation of Road Traffic Act;