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(영문) 의정부지방법원 2019.06.05 2019고단1147
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a C-A-Wurt-Wurt Motor Vehicle owned by B (State).

On March 17, 2019, at around 01:10, the Defendant, while under the influence of alcohol at 0.146% of blood alcohol content, proceeded to turn to the left at the left at the center of the e-gas station No. 43 of the said vehicle, which is located in D at the time of spreading the said vehicle, from the e-mail dump of the F.

There are two-lanes, two-lanes, two-lanes, and two-lanes are installed, so the driver has a duty of care not to exceed the central line while paying a safety duty.

Nevertheless, the Defendant neglected this and proceeded to turn to the left while under the influence of alcohol in excess of the center line, and was driven by the victim H(44 years old) in the middle of G from the F room to the nearest part at that time at that time by the victim H(4 years old) in the top of the driver's seat in front of the driver's seat of the car at the International window, and received it as the front part of the Defendant'

As a result, the Defendant suffered injury, such as the left-hand salt fat, which requires approximately two weeks of treatment to the victim H through occupational negligence as above, and the victim J(37 years of age) who was aboard the Patsom fatus for about two weeks of treatment, respectively, such as the left-hand side and the feet, etc.

Summary of Evidence

1. Statement by the defendant in court;

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

1. An accident site photograph;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act, Article 3 (1), the proviso of Article 3 (2) and Article 3 (2) 2 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. The provisions of Articles 40 and 50 of the Criminal Act (the provisions of Articles 40 and 50 of the Act on Special Cases concerning the Settlement of Traffic Accidents).

1. Determination of a sentence of imprisonment without prison labor for a crime of violation of the Road Traffic Act in relation to the selection of a sentence, and a sentence of imprisonment without prison labor for a crime of violation of the Act on Special Cases concerning the

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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