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(영문) 의정부지방법원 2018.04.20 2017고단5233
교통사고처리특례법위반(치상)등
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle BM3 in accordance with the Act on Special Cases concerning the Settlement of Traffic Accidents.

On November 7, 2017, the Defendant driven the said SM3 vehicle under the influence of alcohol content of 0.106% during blood transfusion 0.20% on November 7, 2017, and turn to the left from the border line on the side of the Government according to one lane among three-lanes in front of the wouldn Government.

Since there is an intersection where a signal apparatus is installed, there was a duty of care to safely drive the driver according to the signals by reducing speed and checking the right and the right of the driver.

Nevertheless, under the influence of alcohol, the Defendant neglected to turn to the left on the left of the Defendant’s left-hand flab, and received the part of the victim D(59)’s right-hand door of the EKan-Faston car driving from the left-hand side of the Defendant’s direction to the right-hand side, and received the front-hand part of the said SM3 passenger car.

As a result, the Defendant suffered injury to the victim, such as catum dynasium, which requires approximately three weeks of treatment by occupational negligence as above.

2. On November 21, 2017, the Defendant was under the influence of alcohol level of 0.106% among blood transfusions on November 21, 2017, the Defendant driven BM3 motor vehicles at a 2km section from the front day of the Hegwon-dong, Howon-dong, Howon-si, to the front day of the Kugwon-si, Gowon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident statement prepared by the victim;

1. Statement report on the situation of a driver driving a drinking, notification of the results of crackdown on drinking driving, investigation report (report on the situation of the driver driving a drinking), and inquiry into the results of crackdown on drinking driving;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Relevant Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment, Article 3(2)1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the point of causing occupational negligence, the selection of imprisonment without prison labor), Article 148-2(2)2 of the Road Traffic Act and Article 44(1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment with prison labor) are 1.

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