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(영문) 의정부지방법원 고양지원 2017.03.22 2016고단3785
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On October 27, 2016, the Defendant driven a motor vehicle with B low alcohol level of 0.095% under the influence of alcohol level of alcohol level of 0.095% at approximately 10km at the distance of about 10km from the Jyang-gu, Seoyang-gu to the long speed of 480 meters in the case of sowing-gu.

2. On October 27, 2016, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) driven a motor vehicle with B low-speed in the influence of alcohol, such as the foregoing 1, around October 20, 2016, and continued the intersection of the 480 ebbbbbb, from the ebbs of the ebs of the ebspon to the ebspher of the gold village at a ebspheric speed.

Since there is a shooting range where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to live well on the front side and the left side of the motor vehicle, and to safely drive the signal and prevent the accident by safely driving it.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting and proceeding with the signal, proceeds from the gold village by neglecting and driving it as it is. The Defendant was placed on the left side of the instant high-speed car driving by the Defendant, who followed the signal, with the victim C (the age of 24) (the age of 24) who was driven by the Defendant, was placed on the left side of the said high-speed car.

As a result, the Defendant suffered approximately two weeks of medical treatment from the victim due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Notification of the results of regulating drinking driving;

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

1. Relevant Article 3 (1), the proviso to Article 3 (2) 1, and Article 3 (2) 8 (the point of causing occupational negligence, punishment without prison labor), Article 148-2 (2) 3, and Article 44 (1) (the point of driving alcohol and punishment by imprisonment) of the Road Traffic Act concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act is the defendant.

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