(영문) 의정부지방법원 고양지원 2018.06.07 2018고단821

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(영문) 의정부지방법원 고양지원 2018.06.07 2018고단821

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 of Bchip motor vehicles.

On April 1, 2018, the Defendant driven the said car with approximately 0.077% alcohol concentration in alcohol around 05:40, while driving the said car at a speed of about 284 U.S., Seo-gu, Seoyang-gu, Goyang-si, Goyang-si, the two-lanes of the 284 U.S. Heavy Village 2 at a speed of about 50 km in speed depending on three lanes among five lanes, while driving the car at a speed of about 50 km in the speed of speed, and neglecting the duty of Jeoncheon-gu, under the influence of alcohol, due to occupational negligence, caused the injury of the victim C (50 years old) who was under the atmosphere under the influence of alcohol to undergo treatment of the said part of the victim’s 2-day passenger car, such as the above 2-day driver’s license, and the victim’s 61-day vehicle’s e-day vehicle’s e-day therapy.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to an investigation report on the actual condition of a traffic accident, a statement of the driver in charge of driving, a notification of the results of crackdown on drinking driving, an accident scene inspection, and an investigation report (referring to the submission of a medical certificate to victims and the submission of a

1. Article 148-2 (2) 3 and Article 44 (1) of the Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of injury caused by occupational negligence);

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

1. Selection of imprisonment without prison labor for crimes violating the Traffic Act at the option of punishment, and the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

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. Article 62(1) of the Criminal Act (the following sentencing) provides for suspension of execution.

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