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(영문) 춘천지방법원 강릉지원 2018.01.25 2017고단1324
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

1. The Defendant is engaged in driving a vehicle BM3 in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On October 5, 2017, the Defendant driven the said car under the influence of alcohol level of 0.143% among blood transfusions on October 5, 2017, while driving it, and driving it on the chills off from the side of Gangseo-si, along the two-lane roads in front of the D convenience point in Gangnam-si C.

At the same time, there was an intersection, and thus, the driver had a duty of care to confirm whether the driver has passed the intersection or stopped a motor vehicle by checking well the right and the right and the right and the right and the right and the right and the duty of care to drive safely.

Nevertheless, the Defendant was under the influence of alcohol and was negligent in proceeding and was under the suspension of the Defendant’s custody in the front bank.

E was driven by the F-AWn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn

Accordingly, the Defendant suffered injury such as salt, tensions, etc. from the victim G (at the age of 29) who was on the lurbed car at the same time due to the above occupational negligence, which requires approximately two weeks medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a BM3 vehicle under the influence of alcohol with a maximum of about 500 meters alcohol concentration of 0.143% from the 500-meter section of alcohol to the place specified in paragraph (1) at the I main point located in Gangseo-si, J in the city of Gangseo-si. (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of Acts and subordinate statutes on the place of diagnosis and transitional records;

1. Relevant Article 3(1) and proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupational and de facto occupation, the choice of imprisonment without prison labor), Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the driving of drinking alcohol, the choice of imprisonment with prison labor).

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