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(영문) 의정부지방법원 고양지원 2017.05.16 2017고단294

교통사고처리특례법위반(치상)등

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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 motor vehicle of the vehicle of the vehicle of the vehicle of the C.

On January 13, 2017, the Defendant, while under the influence of alcohol level of 0.096% among the blood transfusion around 18:40 on January 13, 2017, was driven by the Defendant, one-lane of the two-lanes in front D in gold village from the terriside of gold village to the elementary bank in gold village.

In this case, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes well and by accurately manipulating them.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol, with a part of the front part of the car of the victim E(33 years) driving in the front of the traffic signal in the front section due to occupational negligence of the Defendant, while driving the front section of the traffic signal in the front section.

As a result, the Defendant caused the injury to the victim E, such as salt, tensions, etc. in light of the foregoing occupational negligence, and suffered injury to the victim G (V, 29 years old) who was on a passenger car in the spawn zone, which requires approximately two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, a statement on the circumstances of a driver driving, and a notification of the results of regulating drinking;

1. Application of Acts and subordinate statutes to accident scene photographs and medical certificates;

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) 3 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol);

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

1. In regard to the crimes violating the Act on Special Cases concerning the Settlement of Traffic Accidents at the option of punishment, imprisonment without prison labor and the crimes violating the Road Traffic Act, each choice shall be made;

1. The punishment provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) shall be imposed for concurrent crimes;