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(영문) 의정부지방법원 2017.05.12 2017고단79
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 a person who is engaged in driving a car with CM520.

On December 19, 2016, the Defendant driven the said car under the influence of alcohol content of 0.188% in blood on December 19, 2016, and led us to drive the said car under the influence of alcohol content of 0.188% in the direction of the 227 Jeju-ro, Taecheon-si, Gyeonggi-do, 207.

At the time, there is a signal waiting vehicle, and in such cases, a driver who is engaged in driving of a motor vehicle has a duty of care to accurately operate the steering system and the brake system by emphasizing the steering room and examining the left and right in order to prevent accidents and ensure safe operation.

Nevertheless, the Defendant neglected to do so and negligently driven the victim D(48 ) who is in the atmosphere of the signal at the front section of the car and received a part of the front section of the car.

Ultimately, the Defendant suffered salt, tension, etc. from the victim by occupational negligence, which requires two weeks of treatment.

2. No person shall operate any motor vehicle which is not covered by mandatory insurance on a road;

Nevertheless, the Defendant operated the said car that was not covered by mandatory insurance, such as the foregoing “1” clause.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Inquiries about the results of regulating drinking driving;

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

1. Relevant Article 3(1) and the proviso to Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the relevant Act, Articles 3(1) and (2) of the Act on Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act (the occupation and actual occupation, the choice of imprisonment without prison labor), Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (the occupation of drinking, the choice of imprisonment with prison labor), Article 46(2)2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the occupation of operating mandatory insurance and the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Article 38 (1) 2 and (2) of the same Act, which aggravated concurrent crimes;

1. The Criminal Act, the suspension of execution;

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